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

                            Noosa Shire Council Local Law No. 1 (Administration) 2015           15


23       Review decision
         (1) The local government must review the original decision within 28 days after
             receiving a review application and make a decision (the review decision) to—
                (a)    confirm the original decision; or
                (b)    amend the original decision; or
                (c)    substitute another decision for the original decision.
         (2) The application must not be dealt with by—
                (a)    the person who made the original decision; or
                (b)    a person in a less senior office than the person who made the original
                       decision, unless the original decision was made by the chief executive
                       officer.
         (3) The local government must, within 5 days of making the review decision, give the
             applicant notice of the decision (the review notice).
         (4) If the review decision is not the decision sought by the applicant, the review notice
             must also state the reasons for the review decision.
         (5) If the local government does not give the review notice within the 5 days, the local
             government is taken to have made a review decision confirming the original
             decision.

24       Stay of operation of original decision
         (1) A review application does not stay the original decision that is the subject of the
             application.
         (2) However, the applicant may, immediately after being given the information notice
             about the original decision, apply to the Magistrates Court for a stay of the original
             decision.
         (3) The court may stay the original decision to secure the effectiveness of the review.
         (4) A stay may be granted on conditions the court considers appropriate.



Part 5                          Enforcement

25       Production of records
         (1) This section applies where an authorised person has entered a property under the
             Act to find out whether the conditions of an approval have been complied with.9
         (2) The authorised person may require the occupier of the property to produce for
             inspection records that are required by the conditions of an approval.
         (3) A person must comply with a requirement under subsection (2), unless the person
             has a reasonable excuse.
                Maximum penalty for subsection (3)—10 penalty units.



9
    See the Act, section 132.