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

                              Noosa Shire Council Local Law No. 1 (Administration) 2015                                 16


26       Compliance notice for contravention of local law or approval condition
         (1) Subsection (2) applies if an authorised person is satisfied on reasonable grounds
             that—
                (a)       a person—
                              (i)     is contravening a local law or a condition of an approval; or
                              (ii)    has contravened a local law or a condition of an approval in
                                      circumstances that make it likely the contravention will continue
                                      or be repeated; and
                (b)       a matter relating to the contravention can be remedied; and
                (c)       it is appropriate to give the person an opportunity to remedy the matter.
                Examples for paragraph (b) of matters relating to a contravention that can be remedied—
                          If the contravention relates to a person’s failure to take action that is required under a local
                           law or a condition of an approval, then the matter can be remedied by the person taking
                           that action.
                          If the contravention relates to a person taking action that is prohibited under a local law or
                           a condition of an approval, then the matter can be remedied by the person stopping that
                           action.
         (2) The authorised person may give10 a written notice (a compliance notice) to the
             person (the recipient) requiring the person to remedy the contravention.11
         (3) The compliance notice must state the following—
                (a)       the particular provision of the local law or condition of an approval the
                          authorised person believes is being, or has been, contravened; and
                (b)       briefly, how it is believed the provision of the local law or condition of an
                          approval is being, or has been, contravened; and
                (c)       the time by which the recipient must remedy the contravention; and
                (d)       that it is an offence to fail to comply with the compliance notice; and
                (e)       the maximum penalty for failing to comply with the compliance notice.
         (4) The time under subsection (3)(c) must be reasonable having regard to—
                (a)       the action required to remedy the contravention; and
                (b)       the risk to public health and safety, the risk of damage to property or loss of
                          amenity and the risk of environmental harm posed by the contravention; and
                (c)       how long the recipient has been aware of the contravention.
         (5) The compliance notice may also state the reasonable steps the authorised person
             considers necessary to remedy the contravention or avoid further contravention.
                Examples of reasonable steps to avoid further contravention—
                          The repetition of a specified action at stated intervals for a certain period.
                          Stopping taking an action that is prohibited by a local law or condition of an approval.
         (6) The compliance notice must include, or be accompanied by, an information notice.


10
     See the Acts Interpretation Act 1954, sections 39 and 39A, regarding the service of documents on a person.
11
  Where a compliance notice is given to the owner of a property and requires action to be taken in relation to
that property, then it will constitute a remedial notice under the Act, section 138(2).