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2018-04-10 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 APRIL 2018




                                                   Page 61 of 91

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                      10 APRIL 2018

                                                    Noosa Shire Council
       |                   Administration and Other Local Laws (Amendment) Local Law (No. 1) 26422018    5

                          omit, insert —
                          ‘Planning Act 2016, schedule 2.’.

               Part 4                 Amendment of Noosa Shire Council Local
                                      Law No 4 (Local Government Controlled
                                      Areas, Facilities and Roads) 2015

              9     Local law amended
                          This part amends Noosa Shire Council Local Law No. 4 (Local Government
                          Controlled Areas, Facilities and Roads) 2015.

               10   Insertion of new pt3A — Protection of vegetation
                          After part 3—
                          insert—

                    ‘Part3A         Protection of vegetation
                    10A      Protection of vegetation on local government controlled areas and
                             roads
                    (1)   A person must not, without lawful excuse, interfere with vegetation on a local
                          government controlled area or road.
                         Maximum penalty for subsection (1) — 850 penalty units.
                    (2)   However, subsection (1) does not apply if the person is—
                          (a)   an employee of the local government acting in the course of the employee’s
                                duties; or
                          (b)   authorised by the local government to interfere with the vegetation.
                         Example for paragraph (a)
                         A local government employee engaged in pruning or trimming trees or removing dead or damaged
                         vegetation from a local government controlled area or a road.
                         Example for paragraph (b) —
                         A member of a community group who is authorised by the local government to undertake weed
                         clearing in a local government controlled area.
                    (3)   Ifa person is convicted of an offence against subsection (1), the court in which the
                          conviction is made shall have jurisdiction to make an order, in addition to the
                          imposition of a punishment for the conviction, requiring the person to pay to the
                          local government —
                          (a)   an amount to compensate the community for the value of the vegetation
                                interfered with as if the value of the vegetation was a debt; and
                          (b)   the amount of any cost or expense incurred, or to be incurred, by the local
                                government in rectifying the damage caused by the person’s interference
                                with the vegetation.
                         Example for paragraph (b) — the local government may incur costs and expenses in rectifying

                                                                                                       Page 61 of 91
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