2015-02-03 P&O Agenda - Item 7 - Attachment 1 - Proposed Local Laws

                    Noosa Shire Council Local Law No. 1 (Administration) 2015             13


          (d)   if the proposed action is suspension of the approval, the proposed suspension
                period; and
          (e)   that the approval holder may make written submissions, within a stated
                reasonable time of at least 21 days after the notice is given, why the
                proposed action should not be taken.
     (3) If, after considering all submissions made within the stated time, the local
         government decides that a ground no longer exists to cancel, amend or suspend the
         approval, the local government must take no further action about the show cause
         notice and give written notice to the approval holder about the decision.
     (4) If, after considering all submissions made within the stated time, the local
         government still considers there is a ground to take the proposed action, the local
         government may—
          (a)   if the proposed action was to amend the approval—amend the approval; or
          (b)   if the proposed action was to suspend the approval—suspend the approval
                for no longer than the period stated in the notice; or
          (c)   if the proposed action was to cancel the approval—amend the approval,
                suspend it for a period or cancel it.
     (5) If the local government decides to amend, suspend or cancel the approval, the
         local government must give the approval holder an information notice.
     (6) The decision takes effect on the day the written notice mentioned in subsection (3)
         or (5) is given to the approval holder, or if a later day of effect is stated in the
         notice, the later day.
     (7) This section does not limit the power a local government may have apart from this
         section to amend, suspend or cancel an approval.


19   Procedure for immediate suspension of approval
     (1) Despite section 18, the local government may immediately suspend an approval if
         the local government believes that continuation of the prescribed activity by the
         approval holder poses—
          (a)   an urgent and serious threat to public health or safety; or
          (b)   an urgent and serious risk of environmental harm, property damage or loss of
                amenity.
     (2) The suspension—
          (a)   can be effected only by the local government giving a notice to the approval
                holder about the decision to immediately suspend the approval, together with
                a show cause notice about proposed action under section 18; and
          (b)   operates immediately the notices are given to the approval holder; and
          (c)   continues to operate until the earliest of the following happens—
                    (i)    the local government cancels the suspension;
                    (ii)   the local government gives the approval holder notice under
                           section 18(3) or (5) of its decision about the show cause notice;
                    (iii) 14 days have passed since the expiry of the stated time for the
                          making of written submissions regarding the show cause notice;