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

Noosa Shire Council Local Law No. 3 (Community and Environmental Management) 2015                               6


8 Application of declaration
             A declaration may apply—
             (a)     to the whole of the local government’s area or in a specified part or parts of
                     the area; and
             (b)     generally or only in specified circumstances.


Division 3                   Control of local pests

9 Power to search for declared local pests
       (1) This section applies if an authorised person wants to enter a property to search for
           declared local pests.
       (2) After giving reasonable written notice to the owner and the occupier of the
           property, the authorised person may—
              (a)    enter the property without the permission of the occupier; and
              (b)    take reasonable action to search for declared local pests.
       (3) However, the authorised person—
              (a)    must, as soon as the authorised person enters the property, inform any
                     occupier of the property—
                     (i)    of the reason for entering the property; and
                     (ii)   that the authorised person is authorised under this local law to enter
                            the property, excluding a home on the property, without the
                            permission of the occupier; and
              (b)    may enter a home that is on the property only with the permission of the
                     occupier of the relevant part of the property.
       (4) If the occupier gives permission under subsection (3)(b), the authorised person
           may ask the occupier to sign a document that confirms that the occupier has given
           permission.

10 Pest control notices
       (1) An authorised person may, by compliance notice5 given to the owner of land,
           require the owner6 to take specified action to control declared local pests.
       (2) The specified action may include action to—
             (a)     destroy declared local pests on the land; or
             (b)     minimise the risk of an outbreak of declared local pests on the land; or
             (b)     prevent or minimise seeding or reproduction by declared local pests; or

5
  See Local Law No.1 (Administration) 2015, section 27, regarding the requirements for compliance notices and
the offence for not complying with a compliance notice.
6
  See the Act, section 140, in relation to the owner’s right to enter property where the owner is not the occupier
to take action to comply with a remedial notice, and section 141, in relation to an occupier’s right to recover
amounts incurred to satisfy an owner’s obligations.