2018-08-07 S&O Agenda - Att 2 to Item 7 - Admin & Other Local Law (Amendment) Local Law (No.1) 2018

                                           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.