2019-09-12 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                         12 SEPTEMBER 2019


                  (iv)   an occupant of the premises must not sleep or camp on the premises in a
                         tent, caravan, campervan or similar facility;
                  (v) an occupant of the premises must not use, or occupy, any outdoor area of
                         the premises, including any outdoor deck, balcony, swimming pool or spa,
                         after 10p.m. or before 7a.m. on any day;
                  (vi) each occupant of the premises must store general waste (including the
                         separation of recyclable waste) produced as a result of the ordinary use or
                         occupation of the premises in a waste container;
                  (vii) each occupant of the premises must—
                         (A) place the waste container for the premises on the kerb side frontage
                                of the premises, for the collection of general waste from the container;
                                and
                         (B) ensure that the container is placed on the kerb side frontage for no
                                longer than 24 hours before or after the scheduled collection day for
                                the collection of waste in the container;
                  (viii) each occupant of the premises must ensure that the premises, including
                         the grounds of the premises, are kept in a safe and tidy condition;
6.    Fee
A $100 application/approval fee annually is proposed to cover the costs of administering the Local
Law. It is proposed to waiver the fee for the first 6 months starting from the date the Local Law
commences. Owners currently undertaking short stay letting of properties where the owner is not
on site are encouraged to gain approval under the Local Law within the first six months of its
operation to take advantage of the 6 month fee waiver. The obligation will be on owners to ensure
all relevant approvals are in place.
7.    Implementation
It is expected gazettal (finalisation) of the proposed Local Law would be in line with the gazettal
(finalisation) of the draft Planning Scheme. It should be noted the Local Law is not reliant on the
new Planning Scheme and could be implemented prior to or after.
8.    Statutory process
State consultation
The proposed amendments to Local Law No. 1 (Administration) 2015 requires state interest review
for a 4 week period prior to public notification. The proposed resolution B (i) includes delegation to
the CEO to make changes to this Local Law in response to any State comments.

Public Consultation
Public notification is required for 21 days and will commence following receipt and review of state
comments. Public notification is currently planned to occur in mid-October to early November 2019.
As part of the consultation an initial public notice will be placed in the local newspaper outlining the
purpose of the proposed Local Law along with all the legal requirements that are required to comply
with the relevant legislation. Two follow up advertisements will also occur during the 21 day public
notification period. A separate Your Say Noosa web page for the Short stay letting Local Law will
be available during the public consultation period which will include a plain English version provided
as Attachment 5, fact sheets (including existing use rights) and frequently asked questions.
Following public consultation a report to Council for endorsement of the amendments to the Local
Laws will be provided which will outline submitter objections / support and any proposed changes
to the advertised Local law as a result of the public consultation process.
Public Interest Test Plan
The proposed local law contains anti-competitive provisions requiring compliance with the
procedures under section 15 of the Local Government Regulation 2012 and the National


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