2015-05-26 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                   26 MAY 2015


C.     Repeal the current Noosa Shire Council Subordinate Local Laws 2011 No 1, No 3, No 4
       and No 5 on 30 June 2015, and make the proposed Noosa Shire Council Subordinate
       Local Laws No 1, No 3, No 4 and No 5 (provided at Attachment 2 to the report) to
       commence operation on 1 July 2015;
D.     Repeal the current Noosa Shire Council Subordinate Local Laws No 2 and No 6 on 30
       June 2015, and make the amended proposed Noosa Shire Council Subordinate Local
       Laws No 2 and No 6 (provided at Attachment 3 to the report) to commence operation on 1
       July 2015;
E.     Authorise the Chief Executive Officer (CEO) to undertake the process to have L.G. 43
       Peregian Beach Bathing Reserve reduced in size, (to allow dogs on the beach between
       beach access 59 and beach access 67) and have the reconfigured Bathing Reserve
       gazetted in accordance with the Local Government Act 2009;
F.     Authorise the CEO to make any minor non substantial formatting amendments (if required)
       prior to certification and commencement of the new suite of local laws;
G.     Advertise the new local laws by publishing a notice in the Government Gazette and on
       Noosa Council’s website, within 1 month of the Council adopting this resolution;
H.     Ensure that a copy of each new local law is made available to be inspected and purchased
       at the Tewantin Council Office, and can also be viewed and downloaded from Council’s
       website; and
I      Within 14 days after the abovementioned notice is published in the gazette, provide the
       Minister with a copy of the notice and a copy of each local law and subordinate law in
       electronic format”

Finance & Risk

Failing to adopt the Proposed Repealing Local Law leaves Council exposed to a potential
technical argument that its current suite of Local Laws were not properly repealed prior to the
commencement of the new suite of Local Laws.

Failing to replace the Delegation of Authority titled Local Laws could leave Council exposed to a
potential argument that any Officer exercising powers under the new suite of Local Laws does
not hold the appropriate delegated authority, which could lead to a challenge regarding any
associated power exercised.

Consultation

External Consultation - Community & Stakeholder

Consultation in the development of the Proposed Repealing Local Law has been conducted with
Kent Wain, Principal Advisor, Department of Infrastructure, Local Government and Planning.

Internal Consultation

Nil.




                                                                                Page 149 of 171