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                             7


          (b)     an outline of the facts and circumstances forming the basis for the grounds;
                  and
          (c)     a detailed description of the information requested; and
          (d)     the date, not less than 7 days after the applicant receives the notice, by which
                  the applicant must provide the information.
    (5) If the applicant does not, without reasonable excuse, provide the further
        information by the stated date—
          (a)     the application lapses; and
          (b)     the local government must give the applicant written notice stating that—
                       (i)    under this section the application lapses; and
                       (ii)   the applicant may make a new application.
    (6) However, the local government may extend the period for the applicant to provide
        the further information.
    (7)   A person must not provide information in or in connection with an application that is,
          to the person’s knowledge, false or misleading in a material particular.
          Maximum penalty for subsection (7)—20 penalty units.


9   Local government’s discretion in granting approvals
    (1) The local government may grant an approval for an applicant to undertake a
        prescribed activity only if it is satisfied that—
          (a)     if the prescribed activity requires a separate approval under an Act, a law of
                  the Commonwealth or the local government’s planning scheme—the
                  separate approval has been granted; and
          (b)     the proposed operation and management of the prescribed activity is
                  adequate to protect public health, safety and amenity and prevent
                  environmental harm; and
          (c)     the grant of the approval would be consistent with the purpose of any
                  relevant local law; and
          (d)     the proposed operation and management of the prescribed activity would be
                  consistent with any additional criteria prescribed for the activity under a
                  subordinate local law for this paragraph; and
          (e)     if the application relates to trust land—the grant of the approval would be
                  consistent with the terms and conditions of the trust; and
          (f)     if the application relates to a prescribed activity mentioned in section 5(b)—
                  the grant of the approval would be consistent with any requirements or
                  criteria specified in the relevant Local Government Act in relation to the
                  approval.
          Example for paragraph (a)—
                An application for commercial use of a local government controlled area that is held in trust by
                the local government under the Land Act 1994 may require registration of a trustee lease or
                issue of a trustee permit prior to the approval being granted for commercial use of the area.
    (2)   The local government may, by written notice to the applicant—
          (a)      grant the approval unconditionally; or