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

                             Noosa Shire Council Local Law No. 1 (Administration) 2015                     27


                2     Alteration or improvement to local government controlled areas and roads
                      does not include an alteration or improvement—
                (a)     that constitutes development under the Planning Act36; or
                (b)     for which a tree clearing permit is required under the Vegetation
                        Management Act 1999; or
                (c)     that involves a network connection; or
                (d)     for which written approval of the local government is required under section
                        75 of the Act.
                commercial use of local government controlled areas37 and roads means the use
                of a local government controlled area or road for soliciting or carrying on the
                supply of goods and services (including food or drink) for profit, but does not
                include the following—
                (a)     the provision of a public passenger service under the Transport Operations
                        (Passenger Transport) Act 1994;
                (b)     a business on part of a road if the person carrying on the business is
                        authorised by a permit under the Land Act 1994 to occupy the relevant part
                        of the road for carrying on the business;
                (c)     a business that a person is authorised to carry on under the Transport
                        Infrastructure Act 1994;
                (d)     using a road for a particular purpose if the use constitutes development under
                        the Planning Act;
                (e)     operation of a temporary entertainment event;
                (f)     undertaking a regulated activity on a local government controlled area or
                        road where the activity is the holding of a public place activity.
                establishment or occupation of a temporary home means the erection,
                construction, installation, positioning or placement of a structure used or intended
                for temporary use as a place of residence but does not include—
                (a)     a structure for erection which is constituted as development under the
                        Planning Act; or
                (b)     the establishment or the occupation of a temporary home on or in a camping
                        ground or caravan park.
                installation of advertising devices means the installation, erection or display of an
                advertisement or sign that is visible from a road or other public place.38
                keeping of animals means the keeping of an animal or animals for which an
                approval is required under Local Law No.2 (Animal Management) [insert year].
                operation of camping grounds means to permit access to, or use of, a commercial
                camping ground but does not include a caravan park.




36
     See the definition of Planning Act in the Act, schedule 4.
37
     See footnote 36.
38
  See the Act, section 37(5), regarding the relationship between a local law about advertising devices and the
local government’s planning scheme.