Local Law Permit

Page 2

Pomona Country Markets – Permit MKT15/0001
Issued under Local Law No.1 (Administration) 2015, this permit will be granted subject to the following conditions and
any other conditions considered appropriate in relation to the permitted activity:

Standard Permit Conditions:
    1.  The market can only operate within the area defined by the attached site plan (figure 1).
    2.  The markets must only operate on a Saturday between 6.30am and 12.00pm. Stall holders must not set up before
        5.30am, with pack up completed by 1pm the same day.
    3. Produce/Meat Stallholders to be limited to the current stallholders to minimise impact on similar local businesses.
    4. Stallholders are to be restricted to local producers or farmers ie no middle man stallholders on-selling.
    5. A minimum of 50% of stalls must be used for one or more of the following:
             a. Entertainment
             b. Sales of fresh food and produce
             c. Home-made goods
             d. Activities conducted by or on behalf of a non-profit community organisation
    6. The market must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the
        neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
    7. The use of amplified music, megaphones, public address systems and noise generating plant and equipment is not
        permitted with the exception of battery powered amplification for approved street performers.
    8. Noise generated by the market must comply with the level of noise emissions prescribed under the Environment
        Protection (Noise) Regulations 1997.
    9. Any outdoor lighting associated with the market is designed, installed, operated and maintained in accordance with
        AS4282 – The control of the Obtrusive Effects of outdoor lighting.
    10. Any temporary lighting is dismantled immediately on closure of the markets
    11. The use area of the market is left in a clean state at the end of each market day.
    12. All advertising devices must comply with Schedule 10 of Subordinate Local Law No. 1 (Administration) 2015 including
        both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires
        approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No.1 is
        prohibited from being erected in the shire.


In addition to the Standard Conditions the Permit Holder must also adhere to the following conditions:
Special Conditions
    13. The COVID-19 Pandemic continues and Queensland Health, as the lead agency, is updating its advice
        and event requirements as necessary. The market organiser must comply with all relevant requirements
        outlined in the Queensland Health Directions on Activities/Events at the time of each event.
        www.covid19.qld.gov.au

    14. Waste Management – Market Operators must ensure that a minimum of 2 x 240L General Waste Bins & 1
        x 240L Recycling Bins but sufficient to accommodate the collection and storage of all waste generated as
        part of the market operation. Litter and rubbish collection must not be disposed of in existing Council street
        and park bins but placed in the additional bins provided by the Permit Holder/Operator which must be
        removed from the permit area on completion of the market.

    15. The permit holder must lodge a development application for a Material Change of Use for the market
        use prior to January 1st 2023, and ensure timely progress of the application through to a decision
        notice. Where the application is approved, the Development Permit requirements shall take
        precedence and the permit holder must comply with those requirements at all times. Where the
        application is refused this permit will be cancelled and formal notification given by Council.

    16. The permit holder must pay all costs in connection with obtaining any necessary town planning
        approval if required for the use of the Permit Area.

Page 3

General Conditions
The Permit Holder must:
   17. Ensure no stall holders use single-use plastics as they are prohibited. All stalls must provide reusable,
       recyclable, and compostable alternatives.

    18. Ensure appropriate traffic control supervision and safe coordination of vehicles at all times. Only vehicles
        for stallholders are permitted within the permit area, and any vehicle access and set up must be completed
        prior to the market opening to the public. Large vehicles such as trucks or buses are not permitted at any
        time.

    19. Ensure that vehicles are not moved at all during market operating hours. On closure of the market,
        appropriate traffic control supervision must be provided for stall holders to pack up stalls and leave the
        permit area safely.

    20. Must not use public car parks at any time, for any activity, without prior written consent from Council.
        Operator must immediately stop the use if advised by a Council Officer.

    21. The permit holder must ensure that the operation of the markets does not:

            a. Create or increase any existing traffic problem
            b. Detrimentally affect the efficiency of the existing road network
            c. Constitute a risk to road or pedestrian safety

    22. Act as the principal point of contact for council in relation to any matters under the Food Act 2006 regarding
        the operation of any temporary or mobile food businesses within the Permit Area.
            a) Comply with any reasonable request by council’s Environmental Health Officer in relation to the
                 operation of any food business operating at the Pomona Country Markets:
            b) Only permit licenced food businesses under the Queensland Food Act 2006 in Noosa Shire to
                 sell or prepare food at the Pomona Country Markets unless otherwise exempted under Section
                 48 of the Act. See Fact Sheet or refer to
                 http://www.lgtoolbox.qld.gov.au/NoosaC/EH/FoodBusinessTemporary/Pages/ToolsandResource
                 s.aspx for exemptions including licenced mobile food business (Qld only), licenced annual
                 temporary food business (Noosa Shire only) and some not-for-profit charities.
            c) Solicit applications on behalf of Council and provide the “Temporary Food Stall Licence
                 Application Kit” available at https://www.lgtoolbox.qld.gov.au/system/files/2018-
                 09/Temporary%20Food%20Stall%20Licence%20Application%20KIT%202018-19.pdf to any
                 unlicensed temporary food stall vendors.
            d) Ensure that all sections in the Temporary Food Stall Licence Application are fully completed by
                 each applicant and additional information such as copies of certificates/licences etc are provided
                 to council at the time of lodgement.
            e) Ensure that temporary food stalls are set up with a clean impervious floor (free from joints, cracks
                 and crevices) and a three (3) sided enclosure with a weatherproof roof/ceiling where stalls are
                 supplied in-situ
            f) Deliver completed licence applications including the completed “Food Vendor List” as per
                 attached to council’s Environmental Health section at least 30 days prior to the event as
                 applications may be refused if received later. Details must be provided by email to
                 [email protected] attention Environmental Health and include the following:
                      • Name of event/market, location and Permit Number TE or MKT# etc
                      • Name of Event Organiser/Permit Holder including phone number, address, email and web
                          address etc
                      • Food Business Name
                      • Food Business Licence No.
                      • Name of council that issued Food Licence
                      • Food Licence Expiry date


3 of 9

Page 4

                   •    Type of food sold/handled
                   •    Food business contact name, phone number, address, email and web address etc
                   •    Copy of mobile food business licence from relevant local government in Queensland
                   •    Copy of food business licence and number
                   •    Copy of Food Safety Supervisor (FSS) competencies

           g) Email an updated List of Food Vendors to council’s Environmental Health Section where there is
              any change to the list at least 30 days prior to the event, or as requested to [email protected]
              attention Environmental Health.
           h) Provide an adequate supply of potable drinking water to all food businesses including mobiles etc.
           i) Provide a supply of electricity (at the permit holder’s expense) where required to all food businesses
              as required.
           j) Locate food stalls at least 10 metres away from potential contamination sources such as toilet
              facilities, animals, bulk refuse storage areas and wastewater disposal points. Contact councils
              Environmental Health Officer for further information.
           k) Provide an adequate supply of waste containers with pest proof lids and maintain regular cleansing.
              Contact councils Waste Collection Officer for further information.
           l) Provide adequate disposal for any liquid waste from any food business. Liquid waste must not
              remain in-situ or pool on the ground surface and must be drained/disposed to sewer or other
              approved drainage system. Liquid wastes must not be deposited into any roadside drain,
              stormwater system or waters in accordance with the Environmental Protection Act 1994. Contact
              Council’s Environmental Health Officer if more information is required.

   23. Must ensure that the existing public amenities in the vicinity of the Permit Area are kept in a clean and tidy
       condition at all times during and on completion of the market. The Permit Holder must also ensure an
       adequate supply of toilet paper to be provided at the expense of the permit holder is maintained in the
       public amenities at all times including on completion of the markets. Toilet rolls must be fully restocked on
       completion of the markets to assist with management of community facilities at the park.

   24. Not undertake the maintenance or cleaning of stalls or other equipment on council controlled land.

   25. Must ensure that any dogs within the permit area are under effective control of the dog owners/handlers
       and on a leash at all times.

   26. Must in the event of wet weather prior to the market assess the condition of the park and if deemed wet or
       waterlogged prevent any vehicle access to park surface at all. In this instance all stallholders must carry
       equipment into the park for set up or the market should be cancelled at that time. In the event that the
       market is cancelled, the Permit Holder will not be compensated by Council in any way. Please contact
       Council’s Parks Supervisor on 5329-6500 prior to market day to discuss if required.

   27. Must adhere to the permit conditions in reference to cancellation of markets during significant wet weather
       leading up to the market and responsibility for monitoring of park and weather conditions to avoid
       unnecessary damage to the park. Vehicle access is not permitted at all during wet conditions in the park
       and all equipment etc must then be carried into the park for set up purposes otherwise the market should
       be cancelled. Park conditions and requirements for vehicle access will be reviewed as part of any renewal
       process for the permit.

28. Acknowledge that any damage caused as a result of operation of the markets may be recovered by Council at
    the expense of the permit holder, noting that the risk of damage may increase during wet weather.

29. Must not use star pickets or other ground piercing devises on Council Parkland due to the presence of
    underground power, water supply and irrigation services.

Page 5

30. Must maintain a hotline number for use during the operation of the markets and provide quick response to any
    queries and complaints. This number must be included in all advertising and flyers for promotion of the markets.

31. Must comply with any and all mandatory conditions appearing in Council’s local laws or subordinate local laws
    relevant to the Permit Area and Permitted Use under this Permit.

32. Permit entry to the permitted area or event and render assistance where requested to any Authorised Officer
    of Council in the performance of their authorised duties.

33. Must not trespass into the area set aside for any other Council approved operations or activities and must be
    used so that the community purpose can be continued without undue interruption or obstruction.

34. Must not interfere with others using the community owned land or request others to move from the land.

35. It is acknowledged that this Permit does not create any right of tenure or renewal and the Permit may not be
    assigned, transferred, sublet or mortgaged.

36.      Must not utilise any land outside permit holder’s designated area.

37.      Must at all times strictly adhere to the approved activities, location and hours of operation, including set up and
         pack up times as indicated on this permit.

38.      Must keep current throughout the duration of this Permit a public liability insurance policy applying to the
         community owned land and the use with limits of not less than $20,000,000 listing Noosa Council as an
         interested party.

39.      On renewal of annual public liability insurance, the permit holder must give to Council a copy of a Certificate of
         Currency each year.

40.      Must not display on Council land any signs or advertising material whatsoever relating to any business or
         product, excepting signage related to the permitted business and in accordance with special condition no 7.

41.      Must comply with all reasonable requests made by Council.

42.      Must immediately stop the use if Council, in its absolute discretion, considers there is an imminent risk or
         danger and Council notifies the Permit Holder, or any person conducting the use of this fact.

43.      Must obtain and keep current all necessary licences, permits and town planning approvals as may be required
         under any Act, Regulation or Local Law as may be required for the use and pay all costs for those licences,
         permits and approvals. Must pay all costs in connection with obtaining any approvals.

44.      Must immediately clean up spillage or accumulation of waste, contaminant or other material in a manner that
         does not release or have the potential to release this into any waters, waterway or storm water system.

45.      Must, as soon as possible or within a period directed by Council, repair any damage to community owned
         land caused directly or indirectly by the use.

46.      Must, in accordance with the Work Health and Safety Act 2011:
            •      Act in a manner that does not endanger the health or safety of any other person using the land.
            •      Carry out a safety direction given by Council.
            •      Not wilfully or recklessly interfere with anything provided in the interests of health and safety at the
                            premises.

47.      Must obtain Council approval to use any equipment, marquee or similar structure but must not carry out
         building work, construction or structural improvement on the community owned land.


5 of 9

Page 6

48.   Must keep any approved equipment or item in good order and repair.

49.   Must not interfere with any vegetation including affix, fasten or screw anything to any vegetation or Council
      property.

50.   Must accept that from time to time the permit area may be unavailable to the Permit Holder due to acts of
      god, maintenance or temporary events. The Permit Holder will not be compensated by Council in any way.

51.   Must notify the Council in writing of any suspension or cancellation of any approval relevant to the permitted
      use within 3 days of being so notified.

The Permit Holder is reminded of the following legal obligations:
52.   Council does not warrant the designated area is suitable for the use and the Permit Holder’s use is at the
      sole risk of the Permit Holder.

53.   Pursuant to the Land Act 1994, either Council or the Minister may cancel this Permit by giving twenty-eight
      (28) days written notice of its intention to cancel the permit.

54.   Council may grant consent to vary the approved activities or location for this permit at the request of the
      Permit Holder. Council, in its sole discretion, reserves the right to not grant such consent.

55.   Council may:
       •      Install, maintain, use and replace any pipes, ducts, conduits and wires passing through the
              Community Owned Land;
       •      Run water, air, electricity, sewerage or any other services through those pipes, ducts, conduits or
              wires; and
       •      Grant easements or other rights over the Community Owned Land.
       •      May serve a written notice on the Permit Holder to surrender this Permit or any part of this Permit
              for road widening or bikeway purposes

56.   Council will not be held responsible for loss or damage to any of the Permit Holder’s equipment whatsoever.

57.   All equipment, chattels and the like remain the sole risk of the Permit Holder at all times.

58.   This Permit does not give or imply any right of renewal.

59.   This Permit does not create any right of tenure and the Permit may not be assigned, transferred, sublet or
      mortgaged.

60.   The Permit is held on condition that the local government-controlled area may be used for the community
      purpose for which it was reserved without undue interruption or obstruction.

Page 7

Pomona Country Markets - Permit MKT15/0001


Dated the                     day of          2021.



SIGNED on behalf of NOOSA SHIRE COUNCIL by:




…………………………………………………….
Delegated Officer



…………..………………………………………..
Print name in full




SIGNED for and on behalf of Pomona Arts Inc
t/as Pomona Country Markets
ABN 46 709 272 250

by:




  (print name of Organiser)




  (signature of Organiser)




  (date)




7 of 9

Page 8

Figure 1 – Plan of Permitted Location


[OCR of page images]
Figure 1 — Plan of Permitted Location

 

Site Plan - Pomona Country Markets -
Permitted Area (outlined in red)

 

Page 9

Information Notice

Market Permit with non-standard conditions
Non-standard conditions are set out as follows:

    •    Special Conditions set out in no. 13 to 16, and
    •    Standard/General Permit Conditions 1 to 12 and 17 to 60 are required as follows:

             o   to ensure the health and safety of any other person using council-controlled
             o   to ensure that the activity is operated in a manner that will prevent harm to the environment
             o   to maintain the amenity of the area where the activity will be conducted
             o   for council to ensure the validity of the permit and regulate the activity


This permit does not permit you to contravene any local laws while operating under your permit on council controlled
land.
A holder of an approval must ensure each condition of the approval is complied with. The maximum penalty under
Local Law No. 1 (Administration) 2015, section 11 (Compliance with conditions of approval) is 50 penalty units.


Council may also take some or all of the following actions:

    •    Issue a compliance notice for failing to comply with conditions of approval
    •    Cancel, suspend or revoke your permit
    •    Further legal action may result from non-compliance
:
A copy of the Local Laws can be found on our website at http://www.noosa.qld.gov.au/local-laws-overview


A copy of the Local Government Act 2009 and other state legislation can be found at www.legislation.qld.gov.au




9 of 9