Meeting papers

2 Strategic context

2.1 Legislative and policy framework                              2.1.2 Operational Policy: Secondary use of
Commonwealth and State legislation apply to activities
                                                                  trust land under the Land Act SML/2013/493
and approvals on the Noosa foreshore. The following table         The primary purpose of the Policy is to ensure that proposed
represents the most relevant, while the Land Act 1994 and         secondary use of trust land is assessed to ensure a state
Operational Policy are detailed separately.                       wide approach is taken to:
                                                                  †† retain the primary use of the trust land for community
 JURISDICTION       LEGISLATION                                       purposes; and
 Commonwealth       †† Disability Discrimination Act 1992         †† the allocation and management of tenure to allow
                    †† Telecommunications Act 1997                    secondary uses of trust land.
                    †† Protection of the Environment Act 1997     Five criteria are outlined in the policy, to assess if proposed
                    †† Work Health and Safety Ac 2011             secondary use is appropriate to the purpose the trust land
                                                                  was set aside for. These criteria are:
                    †† Native Title Act 1993
                    †† Environment Protection and Biodiversity    1. Strategic value - the proposed use should be appropriate
                       Conservation Act 1999                         to the strategic value of the land’s capabilities
 Queensland         †† Land Act 1994                              2. Consistency with primary use (if applicable) - the proposed
                    †† Local Government Act 2009                     use should be consistent with the designated purpose of
                    †† Planning Act 2016 and Planning                the trust land and should also facilitate or enhance, not
                       Regulation 2017                               diminish, the purpose of the trust land
                    †† Environmental Protection Act 1994          3. Commerciality - the strength of the commercial motive
                    †† Transport Infrastructure Act 1994             behind the proposed use and whether it will have a
                                                                     negative effect on the public interest, needs consideration
                    †† Anti-Discrimination Act 1995
                                                                  4. Exclusivity - refers to secondary occupation which
                                                                     excludes use by the wider community
2.1.1 Land Act 1994 (Qld)
                                                                  5. Incremental progression and forward planning - the
The Noosaville foreshore is a reserve for recreation owned by        proposed use may contribute to an incremental chain of
the Queensland Government with Noosa Council nominated               events that lead to a final outcome quite different from
as the trustee under the provisions of the Land Act 1994.            that initially intended.
Council administers several trustee leases and permits for
appropriate activities on the foreshore. In addition, there are
11 commercial jetty leases along the foreshore which are
administered by the Queensland Government.




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                                  Noosa Shire Council

                                                                                                                     Page 252 of 518

2.1    Legislative and policy framework                       2.1.2 Operational Policy: Secondary use of
  Commonwealth and State legislation apply to activities       trust land under the Land Act SML/2013/493
  and approvals on the Noosa foreshore. The following table     The primary purpose of the Policy is to ensure that proposed
  represents the most relevant, while the Land Act 1994 and     secondary use of trust land is assessed to ensure a state
  Operational Policy are detailed separately.                   wide approach is taken to:
                                                                O retain the primary use of the trust land for community
                                                                    purposes; and
   Commonwealth      Oo Disability Discrimination Act 1992      oO  the allocation and management of tenure to allow
                     O   Telecommunications Act 1997                secondary uses of trust land.
                     O   Protection of the Environment Act 1997 Five criteria are outlined in the policy, to assess if proposed
                     O   Work Health and Safety Ac 2011         secondary use is appropriate to the purpose the trust land
                     CO  Native Title Act 1993                  was set aside for. These criteria are:
                     O   Environment Protection and Biodiversity 1. Strategic value - the proposed use should be appropriate
                         Conservation Act 1999                      to the strategic value of the land’s capabilities
   Queensland        O   Land Act 1994                          2.  Consistency with primary use (if applicable) - the proposed
                     O   Local Government Act 2009                  use should be consistent with the designated purpose of
                     O   Planning Act 2016 and Planning             the trust land and should also facilitate or enhance, not
                         Regulation 2017                            diminish, the purpose of the trust land
                     O   Environmental Protection Act 1994      3.  Commerciality - the strength of the commercial motive
                                                                    behind the proposed use and whether it will have a
                     C1  Transport Infrastructure Act 1994          negative effect on the public interest, needs consideration
                     O   Anti-Discrimination Act 1995
                                                                4.  Exclusivity - refers to secondary occupation which
                                                                    excludes use by the wider community
  2.1.1 Land Act 1994 (Qld)
  The N      ille fi hore j           f         .       db      5.  Incremental progression and forward planning - the
    e   Noosaville foreshore Is a reserve for recreation owned by   proposed use may contribute to an incremental chain of
  the Queensland Government with Noosa Council nominated            events that lead to a final outcome quite different from
  as the trustee under the provisions of the Land Act 1994.         that initially intended.
  Council administers several trustee leases and permits for
  appropriate activities on the foreshore. In addition, there are
  11 commercial jetty leases along the foreshore which are
  administered by the Queensland Government.

      ‘N
a)            rT      D          a
  LD                     4       Noosa Shire Council
                                                                                                              Page 252 of 518