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2019-05-07 P&E Agenda - Item 2 - Attachment 1 - Draft Administration and Other Subordinate Local Laws (Amendment) Subordinate Local Law 1

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                              Planning & Environment
                                 Committee Agenda
                                    7 May 2019
                               Item 2 - Attachment 2




        Noosa Shire Council

Administration and Other Subordinate
Local Law (Amendment) Subordinate
Local Law (No. 1) 2019
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Section 2

                                          Noosa Shire Council
    Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019                                               2




Contents

Part 1         Preliminary...........................................................................................3
               1      Short title ............................................................................................................. 3
               2      Purpose .............................................................................................................. 3
               3      Authorising local law ........................................................................................... 3

Part 2         Amendment of Subordinate Local Law No. 1 (Administration)
               2015 ......................................................................................................3
               4      Subordinate local law amended ......................................................................... 3
               5      Amendment of s11 (Matters regarding prescribed activities — Authorising
                      local law, s6(3), 8(2)(a), 9(1)(d), 10(3), 13(a), 14(1)(a)) ..................................... 3
               6      Insertion of new s12............................................................................................ 4
               7      Amendment of sch 10 (Installation of advertising devices) ................................ 5
               8      Amendment of sch 19 (Undertaking regulated activities on local government
                      controlled areas and roads) .............................................................................. 40

Part 3         Amendment of Subordinate Local Law No. 4 (Local Government
               Controlled Areas, Facilities and Roads) 2015.................................40
               9      Subordinate local law amended ....................................................................... 40
               10     Amendment of sch 1 (Prohibited activities for local government controlled
                      areas or roads) ................................................................................................. 40
               11     Amendment of sch 2 (Restricted activities for local government controlled
                      areas or roads) ................................................................................................. 43

Part 4         Transitional provisions for Administration and Other
               Subordinate Local Law (Amendment) Subordinate Local Law
               (No. 1) 2019 ........................................................................................43
               12     Prescribed activity authorised by development approval ................................. 43
               13     Prescribed activity authorised as assessable development ............................. 43
               14     Prescribed activity authorised by local law approval ........................................ 44
               15     Prescribed activity authorised by compliance with local law ............................ 44
               16     Application for approval for prescribed activity ................................................. 45
               17     Proceeding about the prescribed activity.......................................................... 45
               18     Definitions for part............................................................................................. 45

Section 3

                                          Noosa Shire Council
    Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019   3



Noosa Shire Council
Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No. 1) 2019

Part 1                   Preliminary

1    Short title
           This subordinate local law may be cited as Administration and Other Subordinate
           Local Law (Amendment) Subordinate Local Law (No. 1) 2019.

2    Purpose
          The purpose of this subordinate local law is to amend each of—
           (a)     Subordinate Local Law No 1 (Administration) 2015; and
           (b)     Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities
                   and Roads) 2015.

3    Authorising local law
          The making of the provisions of this subordinate local law is authorised by local laws
          as follows—
           (a)     Noosa Shire Council Local Law No. 1 (Administration) 2015 authorises the
                   making of part 2;
           (b)     Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas,
                   Facilities and Roads) 2015 authorises the making of part 3;
           (c)     Noosa Shire Council Local Law No. 1 (Administration) 2015 authorises the
                   making of part 4.


Part 2                   Amendment of Subordinate Local Law No. 1
                         (Administration) 2015

4    Subordinate local law amended
          This part amends Subordinate Local Law No. 1 (Administration) 2015.

5    Amendment of s11 (Matters regarding prescribed activities — Authorising
     local law, s6(3), 8(2)(a), 9(1)(d), 10(3), 13(a), 14(1)(a))
          After section 11(9)—
          insert—
          ‘(10) However, and for the avoidance of doubt—
                   (a) this section does not prescribe matters for the prescribed activity of the

Section 4

                                            Noosa Shire Council
      Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    4

                          installation of advertising devices; and
                    (b)   section 12, and schedule 10, prescribe matters for the prescribed activity of
                          the installation of advertising devices.’.

6      Insertion of new s12
            After section 11—
            insert—
‘12          Matters regarding prescribed activity of installation of advertising devices—
             Authorising local law, s6(3) and (5), 8(2)(a), (8) and (9), 9(1)(d), 10(3), 13(a),
             14(1)(a)
             (1)    For the prescribed activity of the installation of advertising devices, schedule 10
                    prescribes the matters specified in this section for the prescribed activity.
             (2)    For section 6(3) of the authorising local law it is declared that section 6(2) of the
                    authorising local law does not apply to an activity, and in particular, the
                    installation of an advertising device if—
                    (a)   the advertising device is a self-assessable advertising device; and
                    (b)   the undertaking of the prescribed activity, and in particular, the installation
                          of the self-assessable advertising device, complies with—
                          (i)    if the self-assessable advertising device is a temporary advertising
                                   device—the specific criteria and conditions for the self-assessable
                                   advertising device in section 3; and
                          (ii)   if the self-assessable advertising device is a permanent advertising
                                   device—the specific criteria and conditions for the self-assessable
                                   advertising device in section 4; and
                          (iii) the general criteria and conditions for the installation, erection and
                                display of advertising devices in section 5.
             (3)    For the avoidance of doubt, it is declared that section 6(2) of the authorising
                    local law applies to the installation of an advertising device if the advertising
                    device is an approval required advertising device.
             (4)    For section 6(5) of the authorising local law, the undertaking of the prescribed
                    activity of the installation of an advertising device is prohibited in the
                    circumstances specified in section 6 of schedule 10.
             (5)    For section 8(2)(a) of the authorising local law, the documents and materials that
                    must accompany an application for approval for the prescribed activity of the
                    installation of an advertising device are stated in section 7 of schedule 10.
             (6)    For section 8(8) of the authorising local law, the circumstances in which the
                    local government may waive 1 or more of the requirements of section 8 for the
                    prescribed activity of the installation of advertising devices are stated in
                    section 8 of schedule 10.
             (7)    For section 8(9) of the authorising local law, the circumstances when an
                    application for an approval for the prescribed activity of the installation of an
                    advertising device is deemed to have been made are stated in section 9 of
                    schedule 10.

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Section 5

                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019      5

            (8)    For section 9(1)(d) of the authorising local law, the local government may only
                   grant an approval for the prescribed activity of the installation of an advertising
                   device if it is satisfied the proposed operation and management of the activity
                   would be consistent with the additional criteria prescribed in section 10 of
                   schedule 10.
            (9)    For section 10(3) of the authorising local law, the conditions that must be
                   imposed on an approval for the prescribed activity of the installation of an
                   advertising device are stated in section 11 of schedule 10.
            (10) For section 10(3) of the authorising local law, the conditions that will ordinarily
                 be imposed on an approval for the prescribed activity of the installation of an
                 advertising device are stated in section 12 of schedule 10.
            (11) For section 13(a) of the authorising local law, the term of an approval for the
                 prescribed activity of the installation of an advertising device is provided for in
                 section 13 of schedule 10.
            (12) For section 14(1)(a) of the authorising local law, the further term for renewal or
                 extension of an approval for the prescribed activity of the installation of an
                 advertising device is provided for in section 14 of schedule 10.
            (13) For section 12 of the authorising local law, no certificate of a third party certifier
                 may be accepted by the local government as evidence about any application
                 requirement.’.

7     Amendment of sch 10 (Installation of advertising devices)
            Schedule 10—
            omit, insert—


            ‘Schedule 10                 Installation of advertising devices
                                                                                               Section 12


            1      Prescribed activity
                   Installation of advertising devices.
            2      Activities that do not require approval under the authorising local
                   law
                         An approval is not required under the authorising local law for the
                         prescribed activity of the installation of an advertising device if—
                         (a)    the advertising device is a self-assessable advertising device; and
                         (b)    the undertaking of the prescribed activity complies with—
                                (i)    if the self-assessable advertising device is a temporary
                                       advertising device — the specific criteria and conditions for
                                       the self-assessable advertising device in section 3; and
                                (ii)   if the self-assessable advertising device is a permanent
                                       advertising device — the specific criteria and conditions for
                                       the self-assessable advertising device in section 4; and
DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

Section 6

                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019            6

                                (iii) the general criteria and conditions for the installation, erection
                                      and display of advertising devices in section 5.
            3      Temporary advertising devices
                         The specific criteria and conditions for the undertaking of the prescribed
                         activity of the installation of a temporary advertising device which is a
                         self-assessable advertising device are as follows—
                         (a)    if    the    self-assessable    advertising              device       is      a
                                development/construction site hoarding—
                                (i)    the sign face area of the advertising device must not exceed
                                       4m2 per individual sign on the street front boundary of the
                                       premises on which the advertising device is displayed; and
                                (ii)   the advertising device must contain only the name and contact
                                       details of the builder, developer or consultant responsible for
                                       the development or construction activities undertaken on the
                                       premises on which the advertising device is displayed, and
                                       associated branding; and
                         (b)    if the self-assessable advertising device is an election sign—
                                (i)    an approval is not required under the authorising local law for
                                       the prescribed activity if the activity is the installation, erection
                                       or display of an election sign that is visible from a road or
                                       other public place;
                                (ii)   however, the activity of the installation, erection or display of
                                       an election sign that is visible from a road or other public place
                                       may be undertaken by a person only if the person complies
                                       with the following requirements—
                                       (A) the election sign must not be installed, erected or
                                           displayed prior to the commencement of the election
                                           period; and
                                       (B)   the election sign must be removed within 7 days
                                             following the end of the election period; and
                                       (C)   the election sign must be kept in good order and repair;
                                             and
                                       (D) the election sign must not be exhibited on a local
                                           government controlled area, or any plant, equipment or
                                           facility of the local government; and
                                       (E)   the election sign must not be exhibited so as to constitute
                                             a risk to public health or safety, road safety or obstruct
                                             the use of a road (including a footpath); and
                                             Examples of paragraph (E)— an election sign is exhibited so
                                             as to constitute a risk to public health or safety, road safety or
                                             obstruct the use of a road if the election sign—
                                             -     is positioned in a way that obstructs or hinders access to
                                                   private property when exiting a road, or obstructs or hinders
                                                   access to a road when exiting private property;


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Section 7

                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019                  7

                                              -       is positioned in a way that does not provide clear sight lines
                                                      for drivers of vehicles or pedestrians at road junctions,
                                                      vehicle access ways or pedestrian crossings;
                                              -       creates a traffic problem, or increases an existing traffic
                                                      problem;
                                              -       is not weighted, anchored or affixed so as to ensure stability
                                                      and avoid falling or blowing into the path of pedestrian or
                                                      vehicular traffic;
                                              -       is rotating, audible or illuminated and likely to cause a
                                                      distraction to a driver;
                                              -       is exhibited in close proximity to an official traffic sign in a
                                                      way which is likely to hinder or obstruct a driver from seeing,
                                                      reading or understanding the official traffic sign whilst
                                                      driving;
                                       (F)    the election sign must not have a sign face area
                                              exceeding 1.1m2, unless the sign is exhibited on an
                                              approval required advertising device; and
                                       (G) the election sign must be made of a material that is
                                           designed to be easily broken, for example, a corflute sign
                                           on a timber stake; and
                         (c)    if the self-assessable advertising device is an event directional
                                sign—
                                (i)    the number of advertising devices displayed in relation to an
                                       event must not exceed a maximum of 6 advertising devices
                                       unless authorised by an authorised person of the local
                                       government; and
                                (ii)   the sign face area of each advertising device must not exceed
                                       0.54m2 (900mm x 600mm); and
                                (iii) the advertising device—
                                        (A) must not be placed on a roundabout, centre traffic
                                            island or median strip, or any State-controlled road; and
                                        (B)       must not be nailed to a tree or attached to road
                                                  infrastructure, including traffic or road advisory signs;
                                                  and
                                        (C)       must not be displayed more than 7 days prior to, and on
                                                  the day or days of the event; and
                                        (D) must not be erected outside a radius of 3km from the
                                            site of the event; and
                                (iv) the advertising device must—
                                        (A) be removed within 24 hours of the conclusion of the
                                            event; and
                                        (B)       be attached to withstand consequent wind and other
                                                  loads; and

DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

Section 8

                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    8

                         (d)    if the self-assessable advertising device is a real estate sign—
                                (i)    the number of advertising devices displayed on premises must
                                       not exceed a maximum of 1 advertising device per premises;
                                       and
                                (ii)   the advertising device may only be placed on premises that are
                                       for sale or lease except where the display of the advertising
                                       device on the premises is not practical, in which case the
                                       advertising device must be placed immediately adjacent to the
                                       premises; and
                                (iii) the advertising device may be doubled sided, provided the
                                      device does not create a hazard for pedestrians or motorists by
                                      protruding from the premises; and
                                (iv) the sign face area of the advertising device must not exceed —
                                       (A) 2.16m2; or
                                       (B)   if the advertising device is double sided — 1.08m2 on
                                             each side of the advertising device; and
                                (v)    the advertising device must not be illuminated or have any flag
                                       protruding from any structure which forms part of the
                                       advertising device; and
                                (vi) if the real estate sign is an open for inspection or auction day
                                     sign —
                                       (A) the advertising device must only be placed on the
                                           premises on the day of the auction, or open for
                                           inspection, and removed immediately after completion of
                                           the auction or open for inspection; and
                                       (B)   the advertising device must not include an A-frame sign
                                             or a flag; and
                                       (C)   the sign face area of the advertising device must not
                                             exceed 750mm x 400m or 0.3m2 per side of the
                                             advertising device; and
                                       (D) not more than 2 advertising devices per premises may be
                                           displayed on any premises, including on the day of
                                           auction or open for inspection for the premises; and
                                       (E)   the advertising device must not be placed on a road,
                                             roundabout, centre traffic island or median strip, or on
                                             any State-controlled road; and
                                       (F)   the advertising device must not be illuminated or
                                             animated; and
                         (e)    if the self-assessable advertising device is a garage sale sign—
                                (i)    the sign face area of the advertising device must not exceed
                                       750mm x 400mm or 0.3m2 per side; and
                                (ii)   the number of advertising devices displayed must not exceed a
                                       maximum of 5 per garage sale event, which includes any

DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

Section 9

                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    9

                                       garage sale sign erected at the premises at which the garage
                                       sale occurs; and
                                (iii) the advertising device must not be placed on—
                                       (A) a road, roundabout, centre traffic island or median strip;
                                           or
                                       (B)   any State-controlled road; or
                                       (C)   any road infrastructure of the local government, for
                                             example, on an official traffic sign or an advisory sign;
                                             and
                                (iv) the advertising device must not be nailed to a tree or other
                                     vegetation; and
                                (v)    if an advertising device is displayed at an intersection, the
                                       number of advertising devices displayed at the intersection
                                       must not exceed a maximum of 1 advertising device per
                                       intersection; and
                                (vi) the advertising device may only be displayed on the day of the
                                     garage sale, and must be removed promptly after the end of the
                                     garage sale; and
                                (vii) the advertising device must not be illuminated or animated;
                                      and
                         (f)    if the self-assessable advertising device is a prize home direction
                                sign —
                                (i)    the number of advertising devices displayed in relation to the
                                       prize home must not exceed a maximum of 6 advertising
                                       devices unless authorised by an authorised person of the local
                                       government; and
                                (ii)   the sign face area of each advertising device must not exceed
                                       0.30m2 (750mm x 400mm); and
                                (iii) the advertising device must not be placed on a roundabout,
                                      centre traffic island or median strip, or any State-controlled
                                      road; and
                                (iv) the advertising device must not be nailed to a tree or attached
                                     to road infrastructure, including traffic or road advisory signs;
                                     and
                                (v)    the advertising device must not be displayed outside a radius of
                                       3km from the prize home; and
                                (vi) the advertising device must not be displayed for more than the
                                     duration of the prize home draw competition; and
                                (vii) the advertising device must be removed within 24 hours of the
                                      conclusion of the prize home draw; and
                                (viii) the advertising device must be attached to withstand
                                       consequent wind and other loads.


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Section 10

                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    10



            4      Permanent advertising devices
                         The specific criteria and conditions for the undertaking of the prescribed
                         activity of the installation of a permanent advertising device which is a
                         self-assessable advertising device are as follows—
                         (a)    if the self-assessable advertising device is an above awning sign—
                                (i)    the advertising device may only be displayed at premises as an
                                       above awning sign if no other alternative sign display option is
                                       available at the premises; and
                                (ii)   the advertising device must not project above the roof line of
                                       the building to which the advertising device is attached; and
                                (iii) the sign face area of the advertising device must not exceed
                                      1.5m2; and
                                (iv) the advertising device must not be attached within 1.5m of any
                                     side boundary of the premises on which the advertising device
                                     is displayed; and
                                (v)    the number of advertising devices displayed on premises must
                                       not exceed a maximum of 1 advertising device per premises;
                                       and
                         (b)    if the self-assessable advertising device is an awning fascia sign—
                                (i)    the sign face area of the advertising device must not exceed
                                       4m2; and
                                (ii)   the advertising device must not project above or below the
                                       awning face on which the advertising device is painted or to
                                       which the advertising device is attached; and
                         (c)    if the self-assessable advertising device is an under awning sign—
                                (i)    the advertising device must be oriented at right angles to the
                                       frontage of the building on which the advertising device is
                                       displayed; and
                                (ii)   the sign face area of the advertising device must not exceed a
                                       maximum of 75% of the width of the awning or verandah to
                                       which the advertising device is attached; and
                                (iii) the sign face area of the advertising device must not exceed a
                                      maximum height of 600mm and a maximum depth of 300mm;
                                      and
                                (iv) the sign face area of the advertising device must not exceed
                                     1.5m2; and
                                (v)    the lowest part of the advertising device must have a maximum
                                       clearance of 2.4m above ground level directly adjacent to the
                                       advertising device; and
                                (vi) the advertising device must be centrally located along the
                                     frontage of the premises underneath which the advertising

DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

Section 11

                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    11

                                       device is suspended; and
                                (vii) the advertising device must not be closer than 3m from any
                                      other under awning sign or within 1.5m of any side boundary
                                      of the premises on which the advertising device is displayed;
                                      and
                                (viii) the number of advertising devices displayed on premises must
                                       not exceed a maximum of 1 advertising device per building on
                                       the premises; and
                         (d)    if the self-assessable advertising device is a business name plate—
                                (i)    the number of advertising devices displayed on premises must
                                       not exceed a maximum of 1 advertising device per tenancy, on
                                       the premises; and
                                (ii)   the advertising device must be attached to a fence, wall or
                                       building face at street level; and
                                (iii) the sign face area of the advertising device must not exceed
                                      0.3m2; and
                                (iv) the advertising device must not be illuminated; and
                                (v)    the advertising device must not be displayed at a height in
                                       excess of 2m above ground level directly adjacent to the
                                       advertising device; and
                         (e)    if the self-assessable advertising device is a community service
                                organisation sign—
                                (i)    the number of advertising devices displayed on premises must
                                       not exceed a maximum of 1 advertising device per street front
                                       boundary of the premises; and
                                (ii)   the sign face area of the advertising device must not exceed
                                       4m2; and
                                (iii) the advertising device must only refer to the name, premises or
                                      activity of the community service organisation, or a
                                      forthcoming event or undertaking of the community service
                                      organisation; and
                                (iv) the advertising device may advertise a sponsor of the
                                     community service organisation, but not if the advertising
                                     comprises in excess of 25% of the total sign face area of the
                                     advertising device; and
                                (v)    if the advertising device is only displayed on a temporary basis
                                       for a sporting club sign on day and is not displayed on the
                                       premises of the sporting club—
                                       (A) the number of advertising devices displayed in relation to
                                           the sign on day must not exceed a maximum of 6
                                           advertising devices; and
                                       (B)   the sign face area of each advertising device must not
                                             exceed 0.54m2 (900mm x 600mm); and

DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

Section 12

                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019        12

                                       (C)   the advertising device must not include any third party
                                             sponsorship; and
                                       (D) the advertising device must not be placed on a
                                           roundabout, centre traffic island or median strip, or any
                                           State-controlled road; and
                                       (E)   the advertising device must not be nailed to a tree or
                                             attached to road infrastructure, including traffic or road
                                             advisory signs; and
                                       (F)   the advertising device must not be displayed outside a
                                             radius of 5km from the site of the sign on day in a coastal
                                             urban area or outside a radius of 15km from the site of
                                             the sign on day in a rural hinterland area; and
                                       (G) the advertising device must not be displayed more than
                                           14 days prior to the sign on day; and
                                       (H) the advertising device must be removed within 24 hours
                                           of the conclusion of the sign on day; and
                                       (I)   the advertising device must be attached to withstand
                                             consequent wind and other loads; and
                         (f)    if the self-assessable advertising device is a created awning line
                                sign—
                                (i)    the sign face area of the advertising device must not exceed
                                       4m2; and
                                (ii)   the area of the advertising device extending beyond the facia
                                       must not exceed 25% of the width of the facia; and
                                (iii) the lowest part of the advertising device must have a maximum
                                      clearance of 2.4m above ground level directly adjacent to the
                                      advertising device; and
                         (g)    if the self-assessable advertising device is a flag pole sign—
                                (i)    the number of advertising devices displayed on premises must
                                       not exceed a maximum of 1 advertising device per 10m of the
                                       street front boundary of the premises, up to a maximum of 3
                                       advertising devices per premises; and
                                (ii)   the sign face area of the advertising device must not exceed
                                       2m2; and
                                (iii) the height of the advertising device must not exceed 5m above
                                      ground level directly adjacent to the advertising device; and
                         (h)    if the self-assessable advertising device is a fence sign—
                                (i)    the sign face area of the advertising device must not exceed
                                       whichever is the lesser of—
                                       (A) 1m2 per linear metre of fence length to which the

DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

Section 13

                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    13

                                              advertising device is attached; and
                                        (B)   4m2; and
                                (ii)    the advertising device must not project above or beyond the
                                        fence to which the advertising device is attached; and
                         (i)    if the self-assessable advertising device is a hamper sign—
                                (i)     the display of the advertising device must be limited to the area
                                        between the door head and the underside of the verandah or
                                        awning roof; and
                                (ii)    the advertising device must not extend beyond the length of the
                                        building wall above the door head; and
                                (iii) the thickness of the advertising device must not exceed
                                      300mm; and
                                (iv) the sign face area of the advertising device must not exceed
                                     4m2; and
                         (j)    if the self-assessable advertising device is a home based business
                                sign—
                                (i)     the number of advertising devices displayed on premises must
                                        not exceed a maximum of 1 advertising device per premises;
                                        and
                                (ii)    the advertising device may be a fence sign, a wall sign or a
                                        freestanding sign; and
                                (iii) the sign face area of the advertising device must not exceed
                                      750mm x 400mm or 0.3m2; and
                                (iv) the advertising device must not be displayed at a height in
                                     excess of 2m above ground level directly adjacent to the
                                     advertising device; and
                                (v)     the advertising device must display only the business name,
                                        occupation and contact details of the home based business
                                        advertised on the advertising device; and
                                (vi) the advertising device must not be illuminated or animated;
                                     and
                         (k)    if the self-assessable advertising device is a multi-tenancy arcade
                                sign—
                                (i)     the advertising device may only be erected on premises if the
                                        premises comprises multiple tenancies in an arcade format; and
                                (ii)    the advertising device must contain the business name and
                                        logo of each tenant of the arcade; and
                                (iii)    the sign face area of the advertising device must not exceed
                                        2m2; and
                                (iv) the number of advertising devices displayed on premises must
                                     not exceed a maximum of 1 advertising device per street front
                                     boundary of the premises; and

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                         (l)    if the self-assessable advertising device is a sporting field fence
                                sign—
                                (i)    the advertising device must be positioned on the inside (facing
                                       a sporting field) side of the fence at a sporting field; and
                                (ii)   the advertising device must not project above or beyond the
                                       fence to which it is attached; and
                                (iii) the advertising device must not have a height in excess of
                                      1.2m; and
                                (iv) the advertising device must not be placed so as to pose a risk
                                     of injury to spectators or participants attending the sporting
                                     field; and
                          (m) if the self-assessable advertising device is a stall board sign—
                                (i)    the advertising device must only be displayed on the area
                                       below a street front window; and
                                (ii)   the advertising device must be designed such that the sign face
                                       is recessed inside the stall board; and
                                (iii) the advertising device must not protrude onto a road such that
                                      it could injure or obstruct the passage of pedestrians; and
                                (iv) the sign face area of the advertising device must not exceed
                                     4m2; and
                          (n)   if the self-assessable advertising device is a vertical sign—
                                (i)    the sign face area of the advertising device must not exceed
                                       1.5m2 per side; and
                                (ii)   the advertising device must not project beyond any awning or
                                       verandah of the building to which the advertising device is
                                       attached; and
                                (iii) the advertising device must not project above the roof line of
                                      the building to which the advertising device is attached; and
                                (iv) the number of advertising devices displayed on premises must
                                     not exceed a maximum of 1 advertising device per premises
                                     (including premises which comprise a multiple occupancy
                                     building).

            5      General criteria and conditions for advertising devices
                   (1)    The general criteria and conditions for the installation, erection and display
                          of advertising devices, including self-assessable advertising devices and
                          approval     required     advertising     devices,     are     specified    in
                          subsections (2) to (12) inclusive.
                   (2)    This subsection prescribes requirements about the sign face area for an
                          advertising device displayed, directly or indirectly, about the occupation of
                          a tenancy as follows—
                          (a)   the sign face area of an individual advertising device must not

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                                exceed 4m2; and
                         (b)    if the premises on which the advertising device is installed is a
                                shopping centre, the sign face area of all advertising devices on the
                                shopping centre must not exceed whichever is the lesser of —
                                (i)    if the shopping centre has a street front boundary or an off-
                                       street parking area, or a combination of a street front boundary
                                       and an off-street parking area — 10m2; and
                                (ii)   a combination of —
                                       (A) if the shopping centre has a street front boundary —
                                            0.75m2 per linear metre of the street front boundary of
                                           the shopping centre; and
                                       (B)   if the shopping centre has an off-street parking area —
                                              0.75m2 per linear metre of the boundary of the off-street
                                             parking area which abuts the building comprising the
                                             shopping centre; and
                         (c)    if the premises on which 1 or more advertising devices is installed is
                                1 tenancy, and regardless of whether the tenancy forms part of a
                                shopping centre or not, the sign face area of all advertising devices
                                on the tenancy must not exceed whichever is the lesser of—
                                (i)    if the tenancy has a street front boundary or an off-street
                                       parking area, or a combination of a street front boundary and
                                       an off-street parking area — 10m2; and
                                (ii)   a combination of —
                                       (A) if the tenancy has a street front boundary — 0.75m2 per
                                           linear metre of the street front boundary of the tenancy;
                                           and
                                       (B)   if the tenancy has an off-street parking area — 0.75m2
                                             per linear metre of the boundary of off-street parking
                                             area which abuts the tenancy; and
                         (d)    for the avoidance of doubt, if the premises on which 1 or more
                                advertising devices is installed is a tenancy, and the tenancy forms
                                part of a shopping centre, the sign face area of all advertising devices
                                on the tenancy and the shopping centre must not exceed,
                                collectively —
                                (i)    for the shopping centre — a sign face area calculated in
                                       accordance with paragraph (b); and
                                (ii)   for the tenancy — a sign face area calculated in accordance
                                       with paragraph (c); and
                         (e)    the number of pylon signs on premises must be limited to 1 pylon
                                sign per street front boundary of the premises; and
                         (f)    if the advertising device is installed on 1 tenancy within the Cooroy
                                Industrial Zone or the Noosaville Industrial Zone, but not located on
                                premises fronting Eumundi Noosa Road or Walter Hay Drive—the
                                sign face area of the advertising device must not exceed whichever is

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                                the lesser of—
                                (i)    0.75m2 per linear metre of the building on the street front
                                       boundary of the tenancy; and
                                (ii)   6m2.
                   (3)   This subsection prescribes general requirements for advertising devices as
                         follows—
                         (a)    the construction of the advertising device must be structurally sound;
                                and
                         (b)    the height, dimensions and overall size of the advertising device
                                must not exceed requirements prescribed under the authorising local
                                law for the advertising device; and
                         (c)    the advertising device must not be installed on a local government
                                controlled area or road abutting land unless—
                                (i)    it is not physically possible to install the advertising device on
                                       the land; and
                                (ii)   the local government has granted an approval in respect of the
                                       installation of the advertising device on the local government
                                       controlled area or road abutting the land; and
                         (d)    the advertising device must be of a professional standard and must
                                not be hand painted or written; and
                         (e)    the advertising device must comply with the requirements of all
                                levels of government; and
                         (f)    the advertising device must not be illuminated prior to the grant of
                                an approval which authorises the illumination of the advertising
                                device; and
                         (g)    the advertising device must be architecturally attractive and
                                contribute to the retention and enhancement of the character of the
                                area in which advertising device is to be displayed.
                   (4)   This subsection prescribes general design and amenity requirements for
                         an advertising device as follows—
                         (a)    the advertising device must be compatible with, complement, and
                                not detract from, the characteristics of the natural and built
                                environment in which the advertising device is displayed; and
                         (b)    the advertising device must not detract from a building on, or the site
                                or locality at which, the advertising device is displayed; and
                         (c)    the advertising device must be compatible with the scale, and extent
                                of buildings on the street front boundary of the premises and not be
                                visually intrusive in the streetscape or setting in which it is
                                displayed; and
                         (d)    the advertising device must be compatible with the scale, proportion,
                                bulk and other characteristics of the buildings, structures, landscapes
                                and other advertising devices on the premises on which the
                                advertising device is displayed; and

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                         (e)    the advertising device must not detract from the architectural, urban
                                or landscape design standards of the locality (including any
                                development approval conditions relating to landscaping or
                                streetscape improvement programs implemented by the local
                                government); and
                         (f)    the advertising device must be designed and integrated into the built
                                form, not visually dominate the building and minimise visual clutter;
                                and
                         (g)    the advertising device must not adversely impact on the amenity of
                                environmental conservation areas, rural, rural residential or
                                residential areas; and
                         (h)    the advertising device must accommodate the legitimate need to
                                provide directions and business identification in a manner that is
                                consistent with achieving paragraphs (a) to (g) inclusive.
                   (5)   This subsection prescribes view, vista and visual amenity requirements
                         for the display of an advertising device as follows—
                         (a)    the advertising device must not block or compromise a view or vista
                                of high scenic amenity or impact on the visual amenity of scenic
                                routes, high scenic areas, heritage sites, character areas, public open
                                space, or the major road network; and
                         (b)    the advertising device must respect the amenity of other property
                                owners and not obscure, dominate or overcrowd the views of
                                existing or prospective development on neighbouring premises; and
                         (c)    the advertising device must consider the cumulative effect of
                                existing signage on the premises on which the advertising device is
                                displayed and not result in over-signage; and
                         (d)    the advertising device must not contribute to the proliferation of
                                visual clutter nor dominate the visual streetscape environment; and
                         (e)    the advertising device must maintain views of vistas of significance
                                in the public domain.
                   (6)   This subsection prescribes requirements about building façade for an
                         advertising device as follows—
                         (a)    the advertising device, including any supporting structure of the
                                advertising device, fixing devices and services, must not detract from
                                the appearance of a building façade; and
                         (b)    the advertising device must be considered as a design element to be
                                incorporated in the existing elevational treatment of a building, in a
                                manner which respects the scale, style, alignments, patterns and
                                other architectural features of the building; and
                         (c)    the advertising device must generally be confined to flat surfaces,
                                such as a plain wall, spandrel or parapet and not be positioned across
                                a window, column, balustrade or other design feature.
                   (7)   This subsection prescribes requirements about safety for an advertising
                         device as follows—

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                         (a)    the advertising device must not create a traffic, pedestrian or cyclist
                                safety hazard; and
                         (b)    the advertising device must be constructed to an appropriate standard
                                to ensure public safety; and
                         (c)    where an advertising device uses electricity—the advertising device
                                must be safe with electrical componentry integrated into the
                                advertising device; and
                         (d)    the advertising device must not physically obstruct the passage of, or
                                pose a hazard for, pedestrians, cyclists or drivers of motor vehicles;
                                and
                         (e)    the advertising device must not restrict sight lines at an intersection
                                or a site access point; and
                         (f)    the advertising device must be constructed such that no support,
                                fixing or other system required for the proper installation of the
                                advertising device is exposed; and
                         (g)    the advertising device must be constructed such that conduits,
                                wiring, switches and other electrical apparatus installed on the
                                advertising device are concealed from view; and
                         (h)    the advertising device must be constructed such that no electrical
                                equipment is mounted on an exposed surface of the advertising
                                device.
                   (8)   This subsection prescribes electrical supply infrastructure requirements
                         for an advertising device as follows—
                         (a)    the advertising device must be installed an adequate, and safe,
                                distance from electrical infrastructure including any substation
                                overhead power line, power pole and transformer; and
                         (b)    any structure associated with an advertising device must not be
                                constructed under overhead electricity transmission lines or within
                                an electricity transmission line easement.
                   (9)   This subsection prescribes requirements about the maintenance of an
                         advertising device as follows—
                         (a)    the advertising device must be maintained in good order and
                                condition at all times, including the maintenance of any ancillary
                                works associated with the display of the advertising device; and
                         (b)    the maintenance obligation continues for as long as the advertising
                                device remains on display.
                   (10) This subsection prescribes requirements about the display of an
                        advertising device at a shopping centre as follows—the display of
                        advertising devices at the shopping centre must be undertaken in
                        compliance with any advertising device management plan approved by the
                        local government for the shopping centre.
                   (11) This subsection prescribes requirements about heritage and character for
                        the display of an advertising device as follows—if an advertising device is
                        displayed on a heritage site, or in a character area, identified on a heritage

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                         overlay map in the planning scheme of the local government—the
                         advertising device must be designed and sited having regard to the context,
                         character and architectural features of the heritage site or character area.
                   (12) This subsection prescribes requirements about the installation, erection
                        and display of multiple advertising devices on premises as follows—
                         (a)    where numerous small advertising devices are located adjacent to
                                one another, the number, size, position and height of each
                                advertising device must be limited to avoid visual clutter; and
                         (b)    to avoid visual clutter, where more than 1 tenant or business
                                occupies a building or premises, advertising devices located on the
                                building or premises, including freestanding signs must be
                                harmonious and coordinated in size and height.

            6      Prohibited advertising devices
                   For the prescribed activity of the installation of advertising devices, the
                   undertaking of the prescribed activity is prohibited if the advertising device is 1
                   of the following—
                   (a)   a combination of advertising devices on 1 tenancy, if the combined sign
                         face area of the advertising devices on the tenancy does not comply with
                         the requirements prescribed in section 5(2);
                   (b)   an advertising device on 1 tenancy which does not comply with 1 or more
                         of the following —
                         (i)    if the advertising device is a temporary advertising device which is a
                                self-assessable advertising device — a requirement prescribed in
                                section 3;
                         (ii)   if the advertising device is a permanent advertising device which is a
                                self-assessable advertising device — a requirement prescribed in
                                section 4;
                          (iv) if the advertising device is an approval required advertising device
                               —a requirement prescribed in section 10;
                   (c)   an animated sign;
                   (d)   a balloon sign;
                   (e)   a banner sign;
                   (f)   a billboard;
                   (g)   a blind sign;
                   (h)   a bunting sign;
                   (i)   a created roofline sign;
                   (j)   a flashing sign;
                   (k)   an inflatable advertising sign;
                   (l)   a motor vehicle sign;
                   (m) a moving sign;

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                   (n)   a neon sign;
                   (o)   a portable illuminated sign;
                   (p)   a portable interchangeable letter sign;
                   (q)   a projected sign;
                   (r)   a real estate directional sign;
                   (s)   a rooftop sign;
                   (t)   a sandwich board/A frame sign;
                   (u)   a tear drop flag;
                   (v)   a third party sign;
                   (w) a three dimensional sign;
                   (x)   a trailer sign;
                   (y)   a written roof sign;
                   (z)   an advertising device nailed to a tree or other vegetation;
                   (aa) an advertising device attached to roadside infrastructure of the local
                        government;
                   (ab) another advertising device which is not identified in this schedule as—
                         (i)    an approval required advertising device; or
                         (ii)   a self-assessable advertising device.

            7      Documents and materials that must accompany applications for
                   approval
                   The documents and materials that must accompany an application for the
                   prescribed activity of the installation of an advertising device which is an
                   approval required advertising device are each of the following—
                   (a)   a completed application form and compliance check list including—
                         (i)    the name of the person and business making the application; and
                         (ii)   landowner or body corporate consent for the advertising device type
                                and location; and
                         (iii) the trading name, address, telephone number and email address of
                               the business under which the approval is to be issued; and
                   (b)   a site plan (including a building elevation plan) identifying the location of
                         the proposed advertising device; and
                   (c)   details of the design, construction, dimensions and content of the
                         advertising device and how it is to be secured to prevent it from moving;
                         and
                   (d)   the times at which the advertising device will be displayed; and
                   (e)   a copy of a public liability insurance policy —
                         (i)    in an amount not less than $20,000,000 in respect of any one

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                                occurrence and for an unlimited number of claims; and
                         (ii)   which insures the applicant and the local government severally, for
                                their respective entitlements and interests, and which will remain
                                current during the term of the approval; and
                   (f)   the prescribed fee for the application, as determined by the local
                         government's schedule of fees and charges; and
                   (g)   if the advertising device is to be installed at a shopping centre—an
                         advertising device management plan which contains particulars of each
                         advertising device which is to be installed at the shopping centre; and
                   (h)   if the advertising device is to be installed on a heritage site, or in a
                         character area, identified on a heritage overlay map included in the
                         planning scheme of the local government—a “face-grid” analysis that—
                         (i)    identifies the grid established by the elements of the façade such as
                                windows, door awnings, cornices, parapets, columns etc; and
                         (ii)   identifies the most appropriate location for the advertising device but
                                generally aligns with the grid and positions the advertising device
                                within a flat surface such as a parapet or panel between openings and
                                not located on a column or other projecting elevation feature.

            8      Waiver of application requirements
                   The local government waives the requirements of the authorising local law,
                   section 8, for the prescribed activity of the installation of an advertising device
                   if, immediately before the commencement of Administration and Other
                   Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019, the
                   installation, erection or display of the advertising device—
                   (a)   was authorised by a development approval and the prescribed activity was
                         undertaken in compliance with the conditions of the development
                         approval; or
                   (b)   complied with all applicable assessment benchmarks for assessable
                         development in the planning scheme of the local government; or
                   (c)   was authorised by an approval granted under Noosa Shire Council Local
                         Law No. 1 (Administration) 2015, section 9, and the prescribed activity
                         was undertaken in compliance with the conditions of the approval; or
                   (d)   complied with the conditions for the undertaking of the prescribed activity
                         specified in Subordinate Local Law No. 1 (Administration) 2015,
                         schedule 10, section 2(2).


            9      When application deemed made
                   For the prescribed activity of the installation of advertising devices, an
                   application for an approval is deemed to have been made if, immediately before
                   the commencement of Administration and Other Subordinate Local Law
                   (Amendment) Subordinate Local Law (No. 1) 2019, the installation, erection or
                   display of the advertising device—


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                   (a)   was authorised by a development approval and the prescribed activity was
                         undertaken in compliance with the conditions of the development
                         approval; or
                   (b)   complied with all applicable assessment benchmarks for assessable
                         development in the planning scheme of the local government; or
                   (c)   was authorised by an approval granted under Noosa Shire Council Local
                         Law No. 1 (Administration) 2015, section 9, and the prescribed activity
                         was undertaken in compliance with the conditions of the approval; or
                   (d)   complied with the conditions for the undertaking of the prescribed activity
                         specified in Subordinate Local Law No. 1 (Administration) 2015,
                         schedule 10, section 2(2).


            10     Additional criteria for the granting of approval
                   The local government may only grant an approval for the undertaking of the
                   prescribed activity of the installation of an advertising device which is an
                   approval required advertising device if the local government is satisfied the
                   proposed operation and management of the activity would be consistent with
                   additional criteria as follows—
                   (a)   if the advertising device is a wall sign—
                         (i)    the advertising device must not obscure any window or architectural
                                feature including the balustrade of the building to which the
                                advertising device is attached; and
                         (ii)   the advertising device must not project beyond the edges of the wall
                                to which it is attached or over the boundary of any adjoining
                                premises; and
                         (iii) the sign face area of the advertising device —
                                (A) must not exceed 4m2; or
                                (B)   if the advertising device is located within the Cooroy Industrial
                                      Zone or the Noosaville Industrial Zone, but not located on
                                      premises fronting Noosa Eumundi Road or Walter Hay Drive
                                      — must not exceed 6m2; and
                         (iv)   the thickness of the advertising device must not exceed 300mm; and
                   (b)   if the advertising device is a window sign—
                         (i)    the sign face area of the advertising device must not cover, or
                                obscure, whichever is the lesser of—
                                (A) more than 50% of the glazed area of the building to which the
                                    advertising device is attached; or
                                (B)   4m2; and
                         (ii)   if the advertising device is located within the Cooroy Industrial Zone
                                or the Noosaville Industrial Zone, but not located on premises
                                fronting Noosa Eumundi Road or Water Hay Drive — the sign face
                                area of the advertising device must not exceed 6m2; and

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                         (iii) as an alternative to paragraph (i)—the advertising device may
                               include the display of a maximum of 1 LCD/digital screen window
                               sign to a maximum size of 0.5m2, but the digital screen must not
                               operate after 11.00pm or before sunrise on any day; and
                   (c)   if the advertising device is a freestanding sign, pylon sign or pole sign—
                         (i)    the height of the advertising device must not exceed 5m above
                                ground level directly adjacent to the advertising device; and
                         (ii)   the sign face area of the advertising device must not exceed 4m2; and
                         (iii) the number of advertising devices displayed on premises must not
                               exceed a maximum of 1 advertising device per street front boundary
                               of the premises (including premises with a multiple occupancy
                               building on the premises); and
                         (iv) the advertising device must be mounted as a freestanding structure in
                              a landscaped environment and must not be a “V” shaped sign; and
                         (v)    the advertising device must be situated at least half its height from
                                any boundary of the premises on which the advertising device is
                                installed; and
                         (vi) the advertising device must be designed and treated in such a way
                              that the supporting framework and the back of the sign face area of
                              the advertising device blends with the surrounding streetscape or
                              field of view; and
                         (vii) the thickness of the advertising device must not exceed a maximum
                               of 75mm per metre of height of the advertising device above ground
                               level; and
                   (d)   if the advertising device is an illuminated sign —
                         (i)    the illuminated sign must not be installed or displayed in an area
                                which is identified in a zone map in the planning scheme of the local
                                government as a residential zone, rural residential zone, rural zone,
                                environmental management zone or conservation zone; and
                         (ii)   the number of illuminated signs displayed on premises must not
                                exceed a maximum of—
                                (A) 1 illuminated sign per tenancy; or
                                (B)   if the premises are located on a street corner—1 illuminated
                                      sign per street front boundary per tenancy; and
                         (iii) the illuminated sign must be appropriate to its setting and be
                               compatible with the visual amenity of the surrounding area; and
                         (iv) the illuminated sign must not cause an environmental nuisance or
                              distraction; and
                         (v)    the illuminated sign must not create glare, reflection or flaring of
                                colours; and
                         (vi) the illuminated sign must not create a potential safety hazard,
                              including a traffic safety hazard; and


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                         (vii) the level of illumination of the illuminated sign must not exceed a
                               maximum luminance of 350 candelas per square metre; and
                         (viii) the illuminated sign must not incorporate flashing lights; and
                         (ix) the illuminated sign must not be illuminated after 11.00pm or before
                              sunrise on any day; and
                         (x)    the illuminated sign must not move or incorporate elements or
                                moving messages that give the impression of movement.

            11     Conditions that must be imposed on approvals
                   No conditions that must be imposed on an approval prescribed.

            12     Conditions that will ordinarily be imposed on approvals
                   The conditions that will ordinarily be imposed on an approval to undertake the
                   prescribed activity of the installation of an advertising device which is an
                   approval required advertising device are as follows—
                   (a)   conditions that require the holder of the approval to take specified
                         measures to ensure that the undertaking of the prescribed activity complies
                         with the general criteria and conditions for the installation, erection and
                         display of advertising devices as specified in section 5; and
                   (b)   conditions that require the holder of the approval to take specified
                         measures to ensure that the undertaking of the prescribed activity complies
                         with the additional criteria as specified in section 10, including, for the
                         avoidance of doubt, the additional criteria for the approval required
                         advertising device as specified in section 10; and
                   (c)   a condition that requires that the holder of the approval must maintain the
                         advertising device in a sound condition so that it does not create a visual or
                         safety hazard; and
                   (d)   a condition that requires that the advertising device must be removed
                         within 24 hours of the expiry of the approval for the advertising device.


            13     Term of approval
                   (1)   The term of an approval commences on the date the approval is granted
                         and expires on the next 30th day of June, unless otherwise specified in the
                         approval.
                   (2)   An approval expires at the end of the day for expiry specified in
                         subsection (1).

            14     Term of renewal of approval
                   An approval that is renewed expires on the next 30th day of June, unless
                   otherwise specified in the renewal.

            15     Definitions for schedule

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                   In this schedule—
                   above awning sign means any advertising device located on top of an awning or
                   verandah.




                   advertising device means a structure or device which is visible from a road or
                   other public place and which conveys information or directions of any kind
                   (other than a structure or device displayed pursuant to the authority or
                   requirements of an Act) and the term includes any structure forming part of the
                   advertising device or to which the advertising device is attached or on which it is
                   displayed.
                   animated sign means any advertising device with movement, flashing or colour
                   changes requiring electrical or manufactured sources of power, but excluding
                   any LCD/digital screen window sign.
                   approval required advertising device, for the prescribed activity of the
                   installation of an advertising device, means each advertising device as follows—
                   (a)   a wall sign;
                   (b)   a window sign;
                   (c)   a freestanding sign;
                   (d)   a pylon sign;
                   (e)   a pole sign;
                   (f)   an illuminated sign.
                   assessable development see Planning Act 2016, schedule 2.
                   assessment benchmarks see Planning Act 2016, schedule 2.
                   awning fascia sign means any advertising device painted on, or otherwise
                   attached to, the front or end face of an awning or canopy structure that does not
                   extend above or below the fascia of the awning or canopy structure.




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     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    26




                   balloon sign means any shape, form or thing filled with gas or air and used to
                   attract attention to a business or place.




                   banner sign means any decorative flags, pennants or streamers connected by
                   thread, rope, wire, or any flexible materials.




                   billboard means any advertising device having a sign face area larger than 4m2.




                   blind sign means any advertising device painted or otherwise attached to a solid
                   or flexible material suspended from the edge of an awning, verandah or wall.

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     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    27




                   building has the meaning given in the Building Act 1975.
                   bunting sign means any string of flags or any advertising device consisting of a
                   string of material, secured so as to allow movement.




                   business name plate means any advertising device intended to display the name
                   or occupation of a business occupant, whether painted or otherwise attached to a
                   building wall, fence or freestanding.




                   community service organisation means an incorporated association which is
                   incorporated under the Associations Incorporation Act 1981.
                   community service organisation sign means any advertising device of a
                   community service organisation, including an advertising device for a religious
                   group or sporting club.




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     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    28




                   Cooroy Industrial Zone means the area within the suburb of Cooroy which is
                   identified in the Cooroy Local Plan Area zone map in the planning scheme of
                   the local government as medium impact industry zone or low impact industry
                   zone.
                   created awning line sign means any advertising device attached to, and
                   extending beyond, the facia of an awning or the like.




                   created roofline sign means any advertising device positioned on the roof,
                   façade or wall of a building which changes the horizontal, or an angular, line of
                   the roof.




                   development approval see Planning Act 2016, schedule 2.
                   development construction site hoarding means any material, including shade
                   cloth, used as an advertising device at a development or construction site which
                   may include the name and contact details of the builder, developer or a
                   consultant for the development or construction site which is attached to
                   perimeter fencing or safety fencing at the development or construction site.



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     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    29




                   election period, for an election, means the period—
                   (a)   starting the day after the following relevant act is done—
                         (i)    the writ for the election is issued; or
                         (ii)   public notice of the election is given; and
                   (a)   ending on the close of the poll in the election.
                   election sign means a temporary sign advertising or promoting a political
                   candidate or candidates, a registered political party, or a campaign for a
                   Commonwealth, State or local government election —
                   (a)   during an election period; or
                   (b)   in relation to a referendum.
                   event directional sign means any advertising device intended to provide
                   directional information about the location of a community event, facility or
                   feature, for example, temporary events such as a fete, fair, festival, sporting
                   event or similar event (but does not include regular markets).
                   fence sign means any advertising device painted or affixed flush to a fence.




                   flagpole sign means any advertising device in the form of a flag, which includes
                   any national flag and company corporate flag, and is flown from a masthead or
                   suspended from any structure or pole.




                   flashing sign means any advertising device with light movement, but excluding
                   any LCD/digital screen window sign.

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                   freestanding sign means any freestanding advertising device which—
                   (a)   is detached from a building; and
                   (b)   has a supporting structure that is solid appearing with a base constructed of
                         a permanent material, for example, a concrete block or brick; but
                   (c)   does not include a pole sign or a pylon sign.




                   garage sale sign means any advertising device that is displayed temporarily
                   promoting a household garage sale, including an advertising device displayed for
                   directional purposes.




                   hamper sign means any advertising device painted or otherwise attached above
                   the door head and below the awning level or verandah of a building.




                   height means the distance measured between the top of an advertising device

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                   and ground level directly adjacent to the advertising device.
                   home based business sign means any advertising device on residential premises
                   promoting the name and contact details of a business operating from the
                   residential premises.




                   illuminated, for an advertising device, means that the advertising device has
                   specifically designed internal, or external, or both internal and external, means
                   of illumination of the whole or a portion of the advertising device.
                   illuminated sign means an advertising device that is illuminated.
                   inflatable advertising sign means any advertising device comprising a shape,
                   form or thing filled with gas or air used to attract attention to a business or place.
                   LCD/digital screen window sign means an advertising device comprising
                   content capable of moving in a single LCD or digital screen placed behind the
                   glass of a tenancy window, usually as part of a window sign.
                   motor vehicle sign means any advertising device attached to, or mounted on, a
                   vehicle, for example, a stationary car, trailer, caravan, boat or truck, where—
                   (a)   the advertising device is used to advertise a business or goods or services
                         for sale; and
                   (b)   the advertising device does not form part of the vehicle.




                   moving sign means any advertising device capable of displaying moving
                   messages, but excluding any LCD/digital screen window sign.
                   multi-tenancy arcade sign means an advertising device which is —
                   (a)   located on the façade of a building which accommodates 6 or more
                         tenancies in an arcade format; and
                   (b)   intended to display the name or logo of the tenants of the building.
                   neon sign means any illuminated advertising device which gives a coloured
                   glow when electricity is passed through it in a sealed low pressure tube and
                   includes any wording, border or line formed by using neon tube lighting.

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                   Noosaville Industrial Zone means the area within the suburb of Noosaville
                   which is identified in the Noosaville Local Plan Area zone map in the planning
                   scheme of the local government as medium impact industry zone or low impact
                   industry zone.
                   permanent advertising device see section 4.
                   pole sign means—
                   (a)   an advertising device which is freestanding on 1 or more vertical supports
                         which has a sign face area of not more than 4m2; and
                   (b)   may have a face area consisting of separate slats, panels or components
                         which are removeable and replaceable.




                   portable illuminated sign means any freestanding moveable advertising device
                   illuminated by electricity or other means.




                   portable interchangeable letter sign means any portable self-supporting
                   advertising device displaying interchangeable letters (including a portable self-
                   supporting advertising device with built in wheels).




                   premises means any land, building or structure, and includes any part thereof.


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                   prize home direction sign means an advertising device which provides
                   directions to a prize home.
                   prohibited advertising device, means each advertising device as follows—
                   (a)   a combination of advertising devices on 1 tenancy, if the combined sign
                         face area of the advertising devices on the tenancy does not comply with
                         the requirements prescribed in section 5(2);
                   (b)   an advertising device on 1 tenancy which does not comply with 1 or more
                         of the following —
                         (i)    if the advertising device is a temporary advertising device which is a
                                self-assessable advertising device — a requirement prescribed in
                                section 3;
                         (ii)   if the advertising device is a permanent advertising device which is a
                                self-assessable advertising device — a requirement prescribed in
                                section 4;
                         (iii) if the advertising device is an approval required advertising
                               device — a requirement prescribed in section 10;


                   (c)   an animated sign;
                   (d)   a balloon sign;
                   (e)   a banner sign;
                   (f)   a billboard;
                   (g)   a blind sign;
                   (h)   a bunting sign;
                   (i)   a created roofline sign;
                   (j)   a flashing sign;
                   (k)   an inflatable advertising sign;
                   (l)   a motor vehicle sign;
                   (m) a moving sign;
                   (n)   a neon sign;
                   (o)   a portable illuminated sign;
                   (p)   a portable interchangeable letter sign;
                   (q)   a projected sign;
                   (r)   a real estate directional sign;
                   (s)   a rooftop sign;
                   (t)   a sandwich board/A frame sign;
                   (u)   a tear drop flag;
                   (v)   a third party sign;
                   (w) a three dimensional sign;

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                   (x)   a trailer sign;
                   (y)   a written roof sign;
                   (z)   an advertising device nailed to a tree or other vegetation;
                   (aa) an advertising device attached to roadside infrastructure of the local
                        government;
                   (ab) another advertising device which is not identified in this schedule as—
                         (i)    an approval required advertising device; or
                         (ii)   a self-assessable advertising device.
                   projected sign means any projected advertising device displayed on a surface by
                   the projection of light or laser.




                   public place has the meaning given in the Act.
                   pylon sign means any freestanding advertising device that incorporates its own
                   structure and is fixed to the ground.




                   real estate directional sign means any advertising device located on a public
                   place for the purpose of directing persons to real estate/properties offered for
                   sale, auction, lease or open for public inspection.




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                   real estate sign means any temporary advertising device promoting the sale,
                   auction, lease or letting of premises.




                   roof means the protective covering, that covers or forms the top of a building.
                   rooftop sign means any advertising device fitted to the roof of a building with no
                   relation to the architectural design or appearance of the building.




                   sandwich board/A frame sign means any portable advertising device displayed
                   at premises which is used to advertise a business, goods or services which are
                   available at the premises.




                   self-assessable advertising device means an advertising device which—
                   (a)   is identified as a self-assessable advertising device in paragraph (c); and
                   (b)   is installed, erected or displayed in compliance with—
                         (i)    if the self-assessable advertising device is a temporary advertising
                                device — the specific criteria and conditions for the self-assessable
                                advertising device in section 3; and
                         (ii)   if the self-assessable advertising device is a permanent advertising
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                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    36

                                device — the specific criteria and conditions for the self-assessable
                                advertising device in section 4; and
                         (ii)   the general criteria and conditions for the installation, erection and
                                display of advertising devices in section 5; and
                   (c)   is an advertising device as follows—
                         (i)    a development/construction site hoarding;
                         (ii)   an election sign;
                         (iii) an event directional sign;
                         (iv) a real estate sign;
                         (v)    a garage sale sign;
                         (vi) a prize home direction sign;
                         (vii) an above awning sign;
                         (viii) an awning facia sign;
                         (ix) an under awning sign;
                         (x)    a business name plate;
                         (xi) a community service organisation sign;
                         (xii) a created awning line sign;
                         (xiii) a flag pole sign;
                         (xiv) a fence sign;
                         (xv) a hamper sign;
                         (xvi) a home based business sign;
                         (xvii) multi-tenancy arcade sign;
                         (xviii) a sporting field fence sign;
                         (xix) a stall board sign;
                         (xx) a vertical sign.
                   shopping centre means the use of premises for an integrated shopping complex
                   consisting mainly of shops.
                   sign see advertising device.
                   sign face area—
                   (a)   of an advertising device, means the area of the smallest rectangle or square
                         that can wholly contain all collective features of the advertising device,
                         inclusive of any words, logos, branding, images, colours, decorative lines,
                         stripes, borders and architectural trims that immediately surround the
                         advertising device;
                   (b)   of an advertising device, includes the external painting of a building if—
                         (i)    the external painting includes the use of colours in patterns, symbols,
                                messages or the like for business branding purposes; or


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     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    37

                         (ii)    the external painting consists of signs which promote the business
                                 conducted from the building or a product, event or activity
                                 undertaken at the building; or
                         (iii)   the external painting conveys information, instructions or directions
                                 relevant to a business activity conducted from the building; but
                   (c)   of an advertising device, subject to paragraph (b), does not include the
                         external painting of a building with a single colour, but notwithstanding
                         this, natural colours consistent with the Noosa landscape are preferred and
                         encouraged, and bold colours such as reds, blues and yellows are not
                         encouraged, and are not consistent with the Noosa look and feel.




                   sporting field fence sign means any advertising device painted or otherwise
                   attached to the inside of a fence around a sporting field.




                   stallboard sign means any advertising device painted or otherwise affixed below
                   the ground storey window of a building.




                   street front boundary 
                   (a)   of premises, means the length, measured in metres, along the alignment of
                         the premises abutting a road or abutting an access restriction strip directly
                         between the premises and a road; and


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                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    38

                   (b)   if premises continuously abut more than 1 road or access restriction strip
                         directly between the premises and a road, the street front boundary
                         dimensions shall be the total length of those boundaries added together;
                         and
                   (c)   if premises have more than 1 street front boundary that is not continuous,
                         each street front boundary is to be considered separately.
                   structure has the meaning given in the Act.
                   tear drop flag means any freestanding advertising device comprising a single
                   piece of lightweight material attached or supported by a flexible pole that allows
                   the material to move in the wind.




                   temporary advertising device see section 3.
                   tenancy—
                   (a)   means a place occupied by a business if the occupier of the place is—
                         (i)    the owner of the place; or
                         (ii)   a lessee or tenant of the owner of the place; and
                   (b)   includes any area external to the place which the occupier is entitled to
                         use; and
                   (c)   includes a place (other than a shopping centre) occupied by multiple
                         businesses if each occupier of the place is—
                         (i)    the owner of the place; or
                         (ii)   a lessee or tenant of the owner of the place; and
                   (d)   includes a place within a shopping centre which is occupied by a business
                         if the occupier of the place is—
                         (i)    the owner of the place; or
                         (ii)   a lessee or tenant of the owner of the place; but
                   (e)   does not include a building comprising a shopping centre.
                   third party sign means any advertising device which displays or promotes the
                   name, logo or symbol of a company, organisation or individual, service or
                   product that does not substantially occupy the tenancy, premises or building on
                   which the advertising device is displayed.
                   three dimensional sign means any advertising device which is designed to

DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

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                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    39

                   replicate or copy a real world object or shape.




                   trailer sign means any advertising device mounted on a trailer with signs
                   illuminated or displayed whether flashing or constant unless used in conjunction
                   with road works or traffic control.




                   under awning sign means any advertising device attached underneath, or
                   suspended from, an awning, verandah or the like and above the footpath under
                   the awning, verandah or the like.




                   vehicle has the meaning given in the Transport Operations (Road Use
                   Management) Act 1995.
                   vertical sign means any advertising device attached to a building and mounted at
                   right angles to the façade of the building.
                   wall sign means any advertising device painted on or otherwise affixed flat to
                   the wall of a building.




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                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    40

                    window sign means any advertising device painted on, displayed in, or otherwise
                    affixed to, the exterior or inner surface of a glazed area of a building, and may
                    include an LCD/digital screen window sign.




                    written roof sign means any advertising device that is painted or otherwise
                    attached to the roof cladding of a building.




                                                                                                      ’.


8     Amendment of sch 19 (Undertaking regulated activities on local government
      controlled areas and roads)
      (1)   Schedule 19, section 2(b)—
            omit.
      (2)   Schedule 19, section 2(c) and (d)—
            renumber as section 2(b) and (c).


Part 3                    Amendment of Subordinate Local Law No. 4
                          (Local Government Controlled Areas, Facilities
                          and Roads) 2015

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

10    Amendment of sch 1 (Prohibited activities for local government controlled
      areas or roads)


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                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    41

      (1)   Schedule 1, part 1, Local government controlled area or road, ‘All local government
            controlled parks, reserves and roads within the local government area’, column 2,
            paragraph (f)—
            omit, insert—
            ‘(f)   Undertake the prescribed activity of the installation of an advertising device if
                   the advertising device is a prohibited advertising device as defined in schedule 1,
                   part 2.’.
      (2)   Schedule 1, part 2, from ‘For the purpose of this subordinate local law’ to ‘control.’—
            omit, insert—
            ‘(1) For the purpose of this subordinate local law—
                   (a)   an advertising device is a prohibited advertising device if—
                         (i)    the advertising device is—
                                (A) an advertisement or sign which is installed, erected or
                                    displayed on a local government controlled area, for example,
                                    a park or reserve, or on a road; and
                                (B)   visible from a road or other public place; and
                         (ii)   the advertising device is 1 of the following—
                                (A) a combination of advertising devices on 1 tenancy, if the
                                    combined sign face area of the advertising devices on the
                                    tenancy does not comply with the requirements prescribed in
                                    Subordinate Local Law No. 1 (Administration) 2015, schedule
                                    10, section 5(2);
                                (B)   an advertising device on 1 tenancy which does not comply
                                      with 1 or more of the following —
                                      •      if the advertising device is a temporary advertising
                                             device which is a self-assessable advertising device — a
                                             requirement prescribed in Subordinate Local Law No. 1
                                             (Administration) 2015, schedule 10, section 3;
                                      •      if the advertising device is a permanent advertising
                                             device which is a self-assessable advertising device — a
                                             requirement prescribed in Subordinate Local Law No. 1
                                             (Administration) 2015, schedule 10, section 4;
                                      •      if the advertising device is an approval required
                                             advertising device — a requirement prescribed in
                                             Subordinate Local Law No. 1 (Administration) 2015,
                                             schedule 10, section 10;
                                (C)   an animated sign;
                                (D) a balloon sign;
                                (E)   a banner sign;
                                (F)   a billboard;
                                (G) a blind sign;

DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

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                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    42

                                (H) a bunting sign;
                                (I)   a created roofline sign;
                                (J)   a flashing sign;
                                (K) an inflatable advertising sign;
                                (L)   a motor vehicle sign;
                                (M) a moving sign;
                                (N) a neon sign;
                                (O) a portable illuminated sign;
                                (P)   a portable interchangeable letter sign;
                                (Q) a projected sign;
                                (R)   a real estate directional sign;
                                (S)   a rooftop sign;
                                (T)   a sandwich board/A frame sign;
                                (U) a tear drop flag;
                                (V) a third party sign;
                                (W) a three dimensional sign;
                                (X) a trailer sign;
                                (Y) a written roof sign;
                                (Z)   an advertising device nailed to a tree or other vegetation;
                                (AA) an advertising device attached to roadside infrastructure of the
                                     local government;
                                (AB) another advertising device which is not identified in
                                     Subordinate Local Law No. 1 (Administration) 2015,
                                     schedule 10, as—
                                      (i)        an approval required advertising device; or
                                      (ii)       a self-assessable advertising device.
            (2)    For this part—
                   (a)   an advertising device referred to in subsection (1)(a)(ii) has the meaning
                         given in Subordinate Local Law No. 1 (Administration) 2015, schedule 10;
                         and
                   (b)   approval required advertising device has the meaning given in
                         Subordinate Local Law No. 1 (Administration) 2015, schedule 10; and
                   (c)   permanent advertising device has the meaning given in Subordinate Local
                         Law No. 1 (Administration) 2015, schedule 10; and
                   (d)   self-assessable advertising device has the meaning given in Subordinate
                         Local Law No. 1 (Administration) 2015, schedule 10; and
                   (e)   temporary advertising device has the meaning given in Subordinate Local
                         Law No. 1 (Administration) 2015, schedule 10; and

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                                           Noosa Shire Council
     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    43

                   (f)   tenancy has the meaning given in Subordinate Local Law No. 1
                         (Administration) 2015, schedule 10.’.

11    Amendment of sch 2 (Restricted activities for local government controlled
      areas or roads)
            Schedule 2, column 1 ‘All local government controlled parks, reserves and roads
            within the local government area’, column 2, paragraph (b), after ‘or advertisement’—
            insert—
            ‘, other than the installation of an advertising device’.


Part 4                    Transitional provisions for Administration and
                          Other Subordinate Local Law (Amendment)
                          Subordinate Local Law (No. 1) 2019

12    Prescribed activity authorised by development approval
            If, immediately before the commencement of Administration (Amendment) Local Law
            (No. 1) 2019 (the amending local law) and Administration and Other Subordinate
            Local Law (Amendment) Subordinate Local Law (No. 1) 2019 (the amending
            subordinate local law), a person was undertaking the prescribed activity of the
            installation of an advertising device on premises and a development approval
            authorised the undertaking of the prescribed activity on the premises—
            (a)    the commencement of the amending local law and the amending subordinate
                   local law does not stop or further regulate the prescribed activity; but

            (b)    from the commencement of the amending local law and the amending
                   subordinate local law, Noosa Shire Council Local Law No. 1 (Administration)
                   2015, section 6, applies to the undertaking of the prescribed activity on the
                   premises.


13    Prescribed activity authorised as assessable development
            If, immediately before the commencement of the amending local law and the
            amending subordinate local law, a person was undertaking the prescribed activity of
            the installation of an advertising device on premises and the undertaking of the
            prescribed activity on the premises complied with all applicable assessment
            benchmarks for assessable development in the planning scheme of the local
            government—
            (a)    the commencement of the amending local law and the amending subordinate
                   local law does not stop or further regulate the prescribed activity; but

            (b)    from the commencement of the amending local law and the amending
                   subordinate local law, Noosa Shire Council Local Law No. 1 (Administration)
                   2015, section 6, applies to the undertaking of the prescribed activity on the
                   premises.

DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

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     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    44



14    Prescribed activity authorised by local law approval
            If, immediately before the commencement of the amending local law and the
            amending subordinate local law, a person was undertaking the prescribed activity of
            the installation of an advertising device on premises and an approval granted under
            Noosa Shire Council Local Law No. 1 (Administration) 2015, section 9, authorised the
            undertaking of the prescribed activity on the premises, the approval continues in force
            after the commencement of the amending local law and the amending subordinate
            local law—
            (a)    on the same terms and conditions as applied to the approval prior to the
                   commencement of the amending local law and the amending subordinate local
                   law; and

            (b)    until the term of the approval ends; and

            (c)    as though the approval was granted after the commencement of the amending
                   local law and the amending subordinate local law.


15    Prescribed activity authorised by compliance with local law
            (1)    Subsection (2) applies if, for an advertising device—
                   (a)   immediately before the commencement of the amending local law and the
                         amending subordinate local law, a person was undertaking the prescribed
                         activity of the installation of an advertising device on premises and the
                         undertaking of the prescribed activity on the premises complied with the
                         conditions for the undertaking of the prescribed activity on the premises
                         specified in Subordinate Local Law No. 1 (Administration) 2015,
                         schedule 10, section 2(2); and

                   (b)   on the commencement of the amending local law and the amending
                         subordinate local law, the advertising device is not a prohibited advertising
                         device, as defined in Subordinate Local Law No. 1 (Administration) 2015,
                         schedule 10, section 15.

            (2)    From the commencement of the amending local law and the amending
                   subordinate local law, Noosa Shire Council Local Law No. 1 (Administration)
                   2015, section 6(2) applies to the undertaking of the prescribed activity on the
                   premises unless the amending subordinate local law declares that section 6(2)
                   does not apply to the undertaking of the prescribed activity on the premises.
            (3)    Subsection (4) applies if, for an advertising device—
                   (a)   immediately before the commencement of the amending local law and the
                         amending subordinate local law, a person was undertaking the prescribed
                         activity of the installation of an advertising device on premises and the
                         undertaking of the prescribed activity on the premises complied with the
                         conditions for the undertaking of the prescribed activity on the premises
                         specified in Subordinate Local Law No. 1 (Administration) 2015,
                         schedule 10, section 2(2); but

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     Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019    45

                   (b)   on the commencement of the amending local law and the amending
                         subordinate local law, the advertising device is a prohibited advertising
                         device, as defined in Subordinate Local Law No. 1 (Administration) 2015,
                         schedule 10, section 15.

            (4)    From the commencement of the amending local law and the amending
                   subordinate local law, Noosa Shire Council Local Law No. 1 (Administration)
                   2015, section 6(6) applies to the advertising device.


16    Application for approval for prescribed activity
      (1)   This section applies if, immediately before the commencement of the amending local
            law and the amending subordinate local law—
            (a)    an application for the local government’s approval for the undertaking of the
                   prescribed activity of the installation of an advertising device on premises was
                   made; and
            (b)    the application has not been decided.
      (2)   The application must continue to be dealt with and decided under the authorising local
            law and the subordinate local law as in force immediately before the commencement
            of the amending local law and the amending subordinate local law.

17    Proceeding about the prescribed activity
            A proceeding about the undertaking of the prescribed activity of the installation of an
            advertising device on premises under the authorising local law started before the
            commencement of the amending local law and the amending subordinate local law
            may be continued under the authorising local law as if the amending local law and the
            amending subordinate local law had not commenced.


18    Definitions for part
            In this part—
            amending local law see section 11;
            amending subordinate local law see section 11.




DraftAdministration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2019

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