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                                8


                (b)        is likely to attract or harbour reptiles.
         (2) The authorised person may, by compliance notice7 given to the responsible person
             for the allotment, require the responsible person to clear the vegetation to an extent
             specified in the notice.
         (3) However, the notice cannot prevent a use of land authorised under the Planning
             Act8 or the Environmental Protection Act 1994.
         (4) In this section—
                vegetation includes a tree, bush, shrub, plant or grass, but does not include
                vegetation that is protected under a law9 of the State or Commonwealth or under
                the local government’s planning scheme.

14       Accumulation of objects and materials on allotments
         (1) This section applies where an authorised person forms the opinion that objects or
             materials brought on to, or allowed to accumulate on, an allotment—
                (a)        have seriously affected the visual amenity of the allotment; or
                (b)        are likely to attract or harbour reptiles.
                Examples for paragraph (a) of objects and materials that may seriously affect the visual amenity of
                an allotment—
                           Discarded or disused machinery or machinery parts.
                           Broken-down or severely rusted vehicles.
                           Discarded bottles, containers or packaging.
                           Refuse or scrap material.
         (2) The authorised person may, by compliance notice10 given to the responsible person
             for the allotment, require the responsible person to—
                (a)        remove objects or materials that are causing the circumstance mentioned in
                           subsection (1)(a) or (b); or
                (b)        take other specified action to remedy the circumstance mentioned in
                           subsection (1)(a) or (b).
                Example of action that might be required under paragraph (b)—
                  Erecting an appropriate structure (in accordance with requirements under the Planning Act) to
                  screen unsightly objects or materials from public view.
         (3) However, the notice cannot prevent a use of land authorised under the Planning
             Act or the Environmental Protection Act 1994.




7
    See footnote 5.
8
    See definition of Planning Act in the Act, schedule 4.
9
  For example, vegetation may be protected under the Nature Conservation Act 1994, the Vegetation
Management Act 1999, the Planning Act, the Queensland Heritage Act 1992, the Fisheries Act 1994 and the
Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).
10
     See footnote 5.