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                              12



Part 6                           Noise standards

21       Prescribed noise standards
         (1) This section applies if the local government is the administering authority for the
             Environmental Protection Act 1994, chapter 8, part 3B.15
         (2) The local government may, by subordinate local law, prescribe a noise standard in
             the whole, or designated parts, of the local government’s area by—
                 (a)      prohibiting the making of a stated noise (for example, by reference to the
                          activity making the noise and the time at which the noise is made);16 and
                 (b)      stating the section, in the Environmental Protection Act 1994, chapter 8,
                          part 3B, division 3, for which the subordinate local law provision is
                          prescribing a noise standard.17



Part 7                           Miscellaneous

22       Subordinate local laws
                The local government may make subordinate local laws about—
                 (a)      declaring animals or plants of specified species to be local pests;18 or
                 (b)      lighting and maintaining of fires in the open;19 or
                 (c)      fire hazards;20 or
                 (d)      community safety hazards;21 or
                 (e)      prescribed requirements relating to community safety hazards;22 or
                 (f)      prescribed noise standards for the Environmental Protection Act 1994.23


15
   See the Environmental Protection Act 1994, section 514, for the making of a regulation to devolve the
administration and enforcement of parts of the Act to local governments as the administering authority. The
Environmental Protection Regulation 2008, section 99, devolves the administration and enforcement of noise
standards to local governments. Section 109 of the Regulation declares local government authorised persons to
be authorised persons under the Environmental Protection Act 1994, section 445(1)(c). Chapter 9 of that Act
provides for the investigation and enforcement powers of authorised persons.
16
 See, however, Local Law No.1 (Administration) 2015, section 10(4)(a), regarding conditions of approvals that
may authorise an act or omission that contravenes a noise standard.
17
   Section 440O(3) provides that a local law that prescribes a noise standard replaces the nominated default noise
standard in the Environmental Protection Act 1994, chapter 8, part 3B, division 3.
18
     See section 6(1).
19
     See section 15(2).
20
     See section 16(3)(b).
21
     See section 17(c).
22
     See section 20(1).
23
     See section 21(2).