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

                  Noosa Shire Council Local Law No. 2 (Animal Management) 2015               21


37   Starting appeal
     (1) An appeal must not be started unless a review of the decision to make the
         destruction order has been finally decided or otherwise ended.
     (2) An appeal is started by—
           (a)   filing notice of appeal with the Magistrates Court; and
           (b)   serving a copy of the notice of appeal on the local government; and
           (c)   complying with rules of court applicable to the appeal.
     (3) The notice of appeal must be filed within 14 days after the appellant is given
         notice by the local government about the finalisation of the review of the decision
         to make a destruction order.
     (4) However, the court may, at any time, extend the time for filing the notice of
         appeal.
     (5) The notice of appeal must state fully the grounds of the appeal and the facts relied
         on.


38   Stay of destruction order
          Upon filing the notice of appeal, the destruction order is stayed until the court
          decides the appeal.


39   Hearing procedures
     (1) In deciding an appeal, the Magistrates Court—
           (a)   has the same powers as the local government; and
           (b)   is not bound by the rules of evidence; and
           (c)   must comply with natural justice.
     (2) An appeal is by way of rehearing, unaffected by the decision appealed against.


40   Court’s powers on appeal
     (1) In deciding an appeal, the Magistrates Court may—
           (a)   confirm the decision appealed against; or
           (b)   set aside the decision and substitute another decision; or
           (c)   set aside the decision and return the matter to the local government with
                 directions the court considers appropriate.
     (2) If the court substitutes another decision, the substituted decision is, for the
         purposes of this local law, other than this part, taken to be the decision of the local
         government.
     (3) An order for the costs of an appeal may only be made against the local government
         if the court is satisfied that the animal was unlawfully seized or there was no
         reasonable basis for making the decision subject to the appeal.