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

                        Noosa Shire Council Local Law No. 1 (Administration) 2015                             7


    (7) A person must not provide information in or in connection with an application that is,
        to the person’s knowledge, false or misleading in a material particular.
          Maximum penalty for subsection (7)—20 penalty units.


9   Local government’s discretion in granting approvals
    (1) The local government may grant an approval for an applicant to undertake a
        prescribed activity only if it is satisfied that—
          (a)       if the prescribed activity requires a separate approval under an Act, a law of
                    the Commonwealth or the local government’s planning scheme—the
                    separate approval has been granted; and
          (b)       the proposed operation and management of the prescribed activity is
                    adequate to protect public health, safety and amenity and prevent
                    environmental harm; and
          (c)       the grant of the approval would be consistent with the purpose of any
                    relevant local law; and
          (d)       the proposed operation and management of the prescribed activity would be
                    consistent with any additional criteria prescribed for the activity under a
                    subordinate local law for this paragraph; and
          (e)       if the application relates to trust land—the grant of the approval would be
                    consistent with the terms and conditions of the trust; and
          (f)       if the application relates to a prescribed activity mentioned in section 5(b)—
                    the grant of the approval would be consistent with any requirements or
                    criteria specified in the relevant Local Government Act in relation to the
                    approval.
          Example for paragraph (a)—
                An application for commercial use of a local government controlled area that is held in trust by
                the local government under the Land Act 1994 may require registration of a trustee lease or
                issue of a trustee permit prior to the approval being granted for commercial use of the area.
    (2)   The local government may, by written notice to the applicant—
          (a)       grant the approval unconditionally; or
          (b)       grant the approval subject to conditions determined in accordance with
                    section 10; or
          (c)       refuse to grant the approval.
          Examples for paragraph (b)—
                    If an application for which the local government’s approval is required may result in
                     damage to property, the local government may, as a condition of giving its approval,
                     require the applicant to give reasonable security (which may include a deposit of money, a
                     guarantee or an insurance bond) to ensure that the damage is made good.
                    The local government may grant an approval subject to the standard conditions imposed
                     on the approval pursuant to a subordinate local law made under section 10(3) of this law.
    (3)   However, the local government’s powers in deciding the application are subject to
          the provisions of any relevant local law.
    (4)   The local government must give the applicant an information notice if the local
          government—