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2017-10-10 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 OCTOBER 2017




                                                       Page 24 of 84

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                     10 OCTOBER 2017

                                       Noosa Shire Council
                Administration and Other Local Laws (Amendment) Local Law (No. 1) 2017      5

             omit, insert —
             ‘Planning Act 2016, schedule 2.’.

 Part 4                  Amendment of Noosa Shire Council Local
                         Law No 4 (Local Government Controlled
                         Areas, Facilities and Roads) 2015

 9     Local law amended
             This part amends Noosa Shire Council Local Law No. 4 (Local Government
             Controlled Areas, Facilities and Roads) 2015.

 10    Insertion of new pt3A — Protection of vegetation
             After part 3—
             insert—

       ‘Part 3A        Protection of vegetation
       10A      Protection of vegetation on local government controlled areas and
                roads
       (1)   A person must not, without lawful excuse, interfere with vegetation on a local
             government controlled area or road.
            Maximum penalty for subsection (1) — 850 penalty units.
       (2)   However, subsection (1) does not apply if the person is—
             (a)  an employee of the local government acting in the course of the employee’s
                  duties; or
             (b)  authorised by the local government to interfere with the vegetation.
            Example for paragraph (a)
            A local government employee engaged in pruning or trimming trees or removing dead or damaged
            vegetation from a local government controlled area or a road.
            Example for paragraph (b)
            A member of a community group who is authorised by the local government to undertake weed
            clearing in a local government controlled area.
       (3)   Ifa person is convicted of an offence against subsection (1), the court in which the
             conviction is made shall have jurisdiction to make an order, in addition to the
             imposition of a punishment for the conviction, requiring the person to pay to the
             local government —
             (a)  an amount to compensate the community for the value of the vegetation
                  interfered with as if the value of the vegetation was a debt; and
             (b)  the amount of any cost or expense incurred, or to be incurred, by the local
                  government in rectifying the damage caused by the person’s interference
                  with the vegetation.
            Example for paragraph (b) — the local government may incur costs and expenses in rectifying

                                                                                           Page 24 of 84
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