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2018-08-07 S&O Agenda - Att 2 to Item 7 - Admin & Other Local Law (Amendment) Local Law (No.1) 2018
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Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 20172018 1
Att 2 to Item 7
Services and Organisation
Committee Meeting Agenda
7 August 2018
Noosa Shire Council
Administration and Other Local Laws
(Amendment) Local Law (No. 1) 2018
Document Set ID: 20555219
Version: 4, Version Date: 29/03/2018
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Full text of the other 5 sections
Section 2
Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 2
Noosa Shire Council
Administration and Other Local Laws (Amendment) Local
Law (No. 1) 2018
Contents
Part 1 Preliminary ...........................................................................................3
1 Short title .............................................................................................................. 3
2 Purpose................................................................................................................ 3
Part 2 Amendment of Noosa Shire Council Local Law No. 1
(Administration) 2015 ..........................................................................3
3 Local law amended .............................................................................................. 3
4 Amendment of s38 (Subordinate local laws) ....................................................... 3
5 Amendment of sch 1 (Dictionary) ........................................................................ 3
6 Amendment of sch 2 (Prescribed activities) ........................................................ 4
Part 3 Amendment of Noosa Shire Council Local Law No 2 (Animal
Management) 2015 ..............................................................................4
7 Local law amended .............................................................................................. 4
8 Amendment of sch (Dictionary) ........................................................................... 4
Part 4 Amendment of Noosa Shire Council Local Law No 4 (Local
Government Controlled Areas, Facilities and Roads) 2015 .............5
9 Local law amended .............................................................................................. 5
10 Insertion of new pt3A — Protection of vegetation ............................................... 5
Section 3
Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 3
Noosa Shire Council
Administration and Other Local Laws (Amendment) Local
Law (No. 1) 2018
Part 1 Preliminary
1 Short title
This local law may be cited as Noosa Shire Council Administration and Other
Local Laws (Amendment) Local Law (No. 1) 2018.
2 Purpose
The purpose of this local law is to amend each of —
(a) Noosa Shire Council Local Law No 1 (Administration) 2015; and
(b) Noosa Shire Council Local Law No. 2 (Animal Management) 2015; and
(c) Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas,
Facilities and Roads) 2015.
Part 2 Amendment of Noosa Shire Council Local
Law No. 1 (Administration) 2015
3 Local law amended
This part amends Noosa Shire Council Local Law No. 1 (Administration) 2015.
4 Amendment of s38 (Subordinate local laws)
Section 38(l), ‘caravan parks’—
omit, insert—
‘accommodation parks’.
5 Amendment of sch 1 (Dictionary)
(1) Schedule 1, definition caravan—
omit, insert—
‘caravan see Residential Tenancies and Rooming Accommodation Act 2008,
section 7.’.
(2) Schedule 1, definition complementary accommodation, paragraph (b), ‘caravan
parks’—
omit, insert—
‘an accommodation park’.
Section 4
Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 4
(3) Schedule 1—
insert—
‘accommodation park includes—
(a) a place for parking and residing in caravans; and
(b) a camping ground; and
(c) a place that provides for complementary accommodation.’.
6 Amendment of sch 2 (Prescribed activities)
(1) Schedule 2, part 1, ‘operation of camping grounds’—
omit.
(2) Schedule 2, part 1, ‘operation of cane railways’—
omit.
(3) Schedule 2, part 1 ‘caravan’—
omit, insert—
‘accommodation’.
(4) Schedule 2, part 2, prescribed activity, establishment or occupation of a
temporary home, ‘a camping ground or caravan park’—
omit, insert—
‘an accommodation park’.
(5) Schedule 2, part 2, prescribed activity, operation of camping grounds—
omit.
(6) Schedule 2, part 2, prescribed activity, operation of cane railways—
omit.
(7) Schedule 2, part 2, prescribed activity, operation of caravan parks—
omit, insert—
‘operation of accommodation parks means to operate, on a commercial basis, an
accommodation park’.
Part 3 Amendment of Noosa Shire Council Local
Law No 2 (Animal Management) 2015
7 Local law amended
This part amends Noosa Shire Council Local Law No 2 (Animal
Management) 2015.
8 Amendment of sch (Dictionary)
Schedule, definition State planning instrument, ‘Sustainable Planning Act 2009,
schedule 3’ —
Section 5
Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 5
omit, insert —
‘Planning Act 2016, schedule 2.’.
Part 4 Amendment of Noosa Shire Council Local
Law No 4 (Local Government Controlled
Areas, Facilities and Roads) 2015
9 Local law amended
This part amends Noosa Shire Council Local Law No. 4 (Local Government
Controlled Areas, Facilities and Roads) 2015.
10 Insertion of new pt3A — Protection of vegetation
After part 3—
insert—
‘Part 3A Protection of vegetation
10A Protection of vegetation on local government controlled areas and
roads
(1) A person must not, without lawful excuse, interfere with vegetation on a local
government controlled area or road.
Maximum penalty for subsection (1) — 850 penalty units.
(2) However, subsection (1) does not apply if the person is—
(a) an employee of the local government acting in the course of the employee’s
duties; or
(b) authorised by the local government to interfere with the vegetation.
Example for paragraph (a)—
A local government employee engaged in pruning or trimming trees or removing dead or damaged
vegetation from a local government controlled area or a road.
Example for paragraph (b) —
A member of a community group who is authorised by the local government to undertake weed
clearing in a local government controlled area.
(3) If a person is convicted of an offence against subsection (1), the court in which the
conviction is made shall have jurisdiction to make an order, in addition to the
imposition of a punishment for the conviction, requiring the person to pay to the
local government —
(a) an amount to compensate the community for the value of the vegetation
interfered with as if the value of the vegetation was a debt; and
(b) the amount of any cost or expense incurred, or to be incurred, by the local
government in rectifying the damage caused by the person’s interference
with the vegetation.
Section 6
Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 6
Example for paragraph (b) — the local government may incur costs and expenses in rectifying damage
caused by a person’s interference with vegetation, including —
Revegetating the area at which the interference with the vegetation occurred to the same
state as before the vegetation was interfered with.
Installing a screen to protect vegetation planted by the local government to replace
vegetation interfered with by the person.
(4) Subsection (3) does not limit the court’s powers under the Penalties and
Sentences Act 1992 or another law.
(5) In this section, interfere, with vegetation, means to engage in any activity
damaging or leading to the death, disfigurement or mutilation of the vegetation,
and includes any of the following —
(a) the poisoning (including by contamination) of the vegetation;
(b) the spilling of oil, petroleum, paint, cement, mortar or other deleterious
substances onto the root zone of the vegetation;
(c) the cutting or tearing of branches or roots of the vegetation other than in the
course of pruning permitted under this local law;
(d) the ringbarking of the vegetation;
(e) the scar barking of the vegetation;
(f) the fixing of any object into living tissue, or surrounding bark, of the
vegetation;
(g) the damaging of the root zone of the vegetation by compaction, excavation
or filling;
(h) the uprooting or displacing of the vegetation;
(i) the effecting of any hydrological scheme which causes the drainage or
flooding of the vegetation;
(j) the burning, scorching, singeing, or damaging, by radiant heat, of the
vegetation.’.
This and the preceding 5 pages bearing my initials is a certified copy of Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 made in
accordance with the provisions of the Local Government Act 2009 by Noosa Shire Council by
resolution dated the day of 2018.
..............................................................
Chief Executive Officer
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