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

                 Noosa Shire Council Local Law No. 5 (Parking) 2015                                            3


Part 1           Preliminary

1       Short title
               This local law may be cited as Noosa Shire Council Local Law No. 5 (Parking)
2015.

2       Purpose and how it is to be achieved
        (1)    The purpose of this local law is to complement the regulated parking provisions
               in chapter 5, part 6 of the TORUM Act by providing for the exercise of local
               government powers authorised under that Act.
        (2)    The purpose is achieved by providing for
               (a)    the establishment of traffic areas and off-street regulated parking areas; and
               (b)    lawfully parking contrary to an indication on an official traffic sign with a
                      parking permit or in a loading zone with a commercial vehicle
                      identification label; and
               (c)    the prescribing of infringement notice penalties for minor traffic offences.

3       Definitionsthe dictionary
               The dictionary in the schedule defines particular words used in this local law.

4       Relationship with other laws1
               This local law is
               (a)    in addition to, and does not derogate from, the TORUM Act, chapter 5,
                      part 62; and
               (b)    to be read with Local Law No. 1 (Administration) 2015.


Part 2           Declaration of parking areas for the TORUM Act

5       Declaration of traffic areas
        (1)    The local government may, by subordinate local law, declare the whole or a part
               of its area to be a traffic area.3 4
        (2)    The subordinate local law must define the boundaries of the traffic area.


1
  This local law and any subordinate local law made under it do not apply to the extent of any inconsistency
   with a law of the State or the Commonwealth. See the Act, section 27.
2
  A local government cannot regulate parking on a State-controlled road unless the written agreement of the chief
   executive has been obtained under the TORUM Act, section 101(1)(b).
3
  See the TORUM Act, sections 102(3)(a) and 102(2)(b).
4
  The TORUM Act, section 69(4), provides: “A local government may install or remove an official traffic sign
   that will result in a change to the management of a local government road, of a kind mentioned in the
   Transport Planning and Coordination Act 1994, section 8D(1), only if the chief executive has approved the
   proposed change under the Transport Planning and Coordination Act 1994, section 8D.”