2021-10-12 P&E Agenda - Item 2 - Attachment 8 - Consolidated version of Noosa Shire Council Local Law No. 1 (Administration) 2015

                             Noosa Shire Council Local Law No. 1 (Administration) 2015                      11


         (9) The local government may amend the conditions of the approval under subsection
             (6)(b) without following the procedure in section 18.
         (10) If an approval holder applies to renew or extend the approval, the approval
              remains in force until—
                (a)    if the application is granted, with or without amendment of the conditions—
                       the date the application is granted; or
                (b)    if the application is refused and the applicant applies for a review of the
                       decision under part 4—the date the applicant is given notice of the review
                       decision; or
                (c)    if the application is refused and the applicant has not applied for a review of
                       the decision under part 4—14 days after the applicant is given an
                       information notice under subsection (8).

15        Transfer of approval
         (1) The holder of an approval together with another person may apply to the local
             government for transfer of the approval to the other person (the proposed
             transferee). 4
         (2) However, an approval cannot be transferred under this section if it is of a category
             declared as non-transferable under a subordinate local law for this subsection.
         (3) The application under subsection (1) must be—
                (a)    made in a form approved by the local government; and
                (b)    accompanied by the prescribed fee.
         (4) The local government may, by written notice, request the applicant to provide
             further reasonable information or clarification of information, documents or
             materials included in the application.
         (5) Section 8(4) to (7) applies to the notice as if it was a notice under section 8(3).
         (6) The local government may grant an application to transfer an approval only if it is
              satisfied about the matters mentioned in section 9(1).
         (7)    The local government may, by written notice to the approval holder and the
                proposed transferee—
                (a)    grant the application to transfer the approval; or
                (b)    refuse the application to transfer the approval.
         (8) If the local government decides to grant the application to transfer the approval,
             the local government may amend the existing conditions of the approval.
         (9) The local government may amend the conditions of the approval under subsection
             (8) without following the procedure in section 18.
         (10) The local government must state, in the notice given under subsection (7)(a), any
              amendments to the conditions of the approval and the day that they take effect.
         (11) The local government must give the approval holder and the proposed transferee
              an information notice if the local government—
                (a)    refuses the application; or

4
    See the Act, section 97, for the power of a local government to fix cost-recovery fees for approvals.