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2015-02-03 P&O Agenda - Item 7 - Attachment 2 - Proposed Subordinate Local Laws
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ATTACHMENT 2
Noosa Shire Council
Subordinate Local Law No 1
(Administration) 2015
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Noosa Shire Council
Subordinate Local Law No 1
(Administration) 2015
ABN: 97 969 214 121 TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qlid.gov.auSee the original
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Section 2
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 2
Noosa Shire Council
Subordinate Local Law No. 1 (Administration) 2015
Contents
Part 1 Preliminary .......................................................................................... 4
1 Short title ............................................................................................................. 4
2 Purpose and how it is to be achieved ................................................................. 4
3 Authorising local law ........................................................................................... 4
4 Definitions ........................................................................................................... 4
Part 2 Approvals for prescribed activities .................................................. 4
5 Prescribed activities that do not require an approval—Authorising local law, s 6(3) 4
6 Categories of prescribed activities for the purposes of maximum penalties—
Authorising local law, s 6(4) ................................................................................ 4
7 Approvals that are non-transferable—Authorising local law, s 15(2) ................. 5
8 Prescribed complementary accommodation—Authorising local law, schedule 1…… 5
9 State-controlled roads to which the local law applies—Authorising local law,
schedule 1 ........................................................................................................... 5
10 Public place activities that are prescribed activities—Authorising local law, schedule
2, part 2 ............................................................................................................... 5
11 Matters regarding prescribed activities—Authorising local law, s 6(3), 8(2)(a), 9(1)(d),
10(3), 13(a), 14(1)(a) .......................................................................................... 5
Schedule 1 Prescribed activities that do not require an approval under the
authorising local law .......................................................................... 7
Schedule 2 Categories of prescribed activities for the purposes of maximum
penalties .............................................................................................. 8
Schedule 3 Categories of approval that are non-transferable ........................... 9
Schedule 4 Prescribed complementary accommodation ................................. 10
Schedule 5 State-controlled roads to which the local law applies .................. 11
Schedule 6 Public place activities that are prescribed activities ..................... 12
Schedule 7 Alteration or improvement to local government controlled areas and
roads…. ............................................................................................. 13
Schedule 8 Commercial use of local government controlled areas and roads.15
Schedule 9 Establishment or occupation of a temporary home ...................... 18
Schedule 10 Installation of advertising devices ................................................. 22
Schedule 11 Keeping of animals ......................................................................... 26
Schedule 12 Operation of camping grounds ...................................................... 28
Schedule 13 Operation of accommodation parks .............................................. 31
Section 3
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 3
Schedule 14 Operation of public swimming pools ............................................. 34
Schedule 15 Operation of temporary entertainment events .............................. 36
Schedule 16 Undertaking regulated activities regarding human remains— (a)
disturbance of human remains buried outside a cemetery .......... 39
Schedule 17 Undertaking regulated activities regarding human remains— (b) burial
or disposal of human remains outside a cemetery ....................... 40
Schedule 18 Undertaking regulated activities regarding human remains— (c)
disturbance of human remains in a local government cemetery . 41
Schedule 19 Undertaking regulated activities on a local government controlled
areas and roads………………………………………………………….42
Schedule 20 Undertaking regulated activities on local government controlled areas
and roads— (b) depositing of goods or materials ......................... 44
Schedule 21 Undertaking regulated activities on local government controlled areas
and roads— (c) holding of a public place activity prescribed by
subordinate local law ....................................................................... 46
Schedule 22 Bringing or driving motor vehicles onto local government controlled
areas 48
Schedule 23 Bringing or driving prohibited vehicles onto motor vehicle access
areas 50
Schedule 24 Parking contrary to an indication on an official traffic sign regulating
parking by time ................................................................................. 51
Schedule 25 Carrying out works on a road or interfering with a road or its operation
53
Section 4
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 4
Part 1 Preliminary
1 Short title
This subordinate local law may be cited as Subordinate Local Law No. 1
(Administration) 2015.
2 Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Local Law No. 1
(Administration) 2015, which provides for a legal and procedural framework for the
administration, implementation and enforcement of the local government’s local laws,
subordinate local laws and other regulatory powers, and for miscellaneous
administrative matters.
(2) The purpose is to be achieved by providing for—
(a) various matters regarding the granting of approvals for prescribed activities;
and
(b) further specification of the definitions relevant to various prescribed
activities.
3 Authorising local law
The making of the provisions in this subordinate local law is authorised by Local Law
No. 1 (Administration) 2015 (the authorising local law).
4 Definitions
Particular words used in this subordinate local law have the same meaning as provided
for in the authorising local law.
Part 2 Approvals for prescribed activities
5 Prescribed activities that do not require an approval—Authorising local law,
s 6(3)
For section 6(3) of the authorising local law, it is declared that section 6(2) of the
authorising local law does not apply to the prescribed activities listed in schedule 1.
6 Categories of prescribed activities for the purposes of maximum penalties—
Authorising local law, s 6(4)
For section 6(4) of the authorising local law, it is declared that—
(a) the prescribed activities listed in part 1 of schedule 2 are category 1 activities;
and
(b) the prescribed activities listed in part 2 of schedule 2 are category 2 activities;
Section 5
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 5
and
(c) the prescribed activities listed in part 3 of schedule 2 are category 3 activities.
7 Approvals that are non-transferable—Authorising local law, s 15(2)
For section 15(2) of the authorising local law, it is declared that the categories of
approval listed in schedule 3 are non-transferable.
8 Prescribed complementary accommodation—Authorising local law, schedule 1
For the purposes of the definition of complementary accommodation in schedule 1 of
the authorising local law, the accommodation listed in schedule 4 is prescribed as
appropriate for caravan parks.
9 State-controlled roads to which the local law applies—Authorising local law,
schedule 1
For the purposes of the definition of road in schedule 1 of the authorising local law,
the State-controlled roads listed in schedule 5 are roads to which the authorising local
law applies unless otherwise provided in the local law.
10 Public place activities that are prescribed activities—Authorising local law,
schedule 2, part 2
For the purposes of paragraph (c) of the definition of regulated activities on local
government controlled areas and roads in part 2 of schedule 2 of the authorising local
law, the holding of a public place activity listed in schedule 6 is a prescribed activity.
11 Matters regarding prescribed activities—Authorising local law, s 6(3), 8(2)(a),
9(1)(d), 10(3), 13(a), 14(1)(a)
(1) For each prescribed activity, a schedule prescribes the matters specified in this section
for the prescribed activity named in section 1 of the schedule.
(2) For section 6(3) of the authorising local law, it is declared that section 6(2) of the
authorising local law does not apply to an activity stated in section 2 of the schedule
relating to the prescribed activity.
(3) For section 8(2)(a) of the authorising local law, the documents and materials that must
accompany an application for approval for the prescribed activity are stated in section
3 of the schedule relating to the prescribed activity.
(4) For section 9(1)(d) of the authorising local law, the local government may only grant
an approval for a prescribed activity if it is satisfied the proposed operation and
management of the activity would be consistent with the additional criteria prescribed
in section 4 of the schedule relating to the prescribed activity.
(5) For section 10(3) of the authorising local law, the conditions that must be imposed on
an approval for a prescribed activity are stated in section 5 of the schedule relating to
the prescribed activity.
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 6
(6) For section 10(3) of the authorising local law, the conditions that will ordinarily be
imposed on an approval for a prescribed activity are stated in section 6 of the schedule
relating to the prescribed activity.
(7) For section 13(a) of the authorising local law, the term of an approval for a prescribed
activity is provided for in section 7 of the schedule relating to the prescribed activity.
(8) For section 14(1)(a) of the authorising local law, the further term for renewal or
extension of an approval for a prescribed activity is provided for in section 8 of the
schedule relating to the prescribed activity.
(9) For section 12 of the authorising local law, in Table 1 of the schedule relating to a
prescribed activity—
(a) column 1 lists the application requirements for which the local government
may accept as evidence the certificate of a third party certifier; and
(b) column 2 lists the individuals or organisations that are declared to be third
party certifiers for the corresponding application requirement in column 1;
and
(c) column 3 lists the qualifications that are necessary for an individual or
organisation to be a third party certifier for the corresponding application
requirement in column 1.
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Schedule 1 Prescribed activities that do not require an
approval under the authorising local law
Section 5
This section has been intentionally left blank.
Section 8
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Schedule 2 Categories of prescribed activities for the
purposes of maximum penalties
Section 6
Part 1 Category 1 activities
(1) alteration or improvement to local government controlled areas and roads
(2) commercial use of local government controlled areas and roads
(3) establishment or occupation of a temporary home
(4) installation of advertising devices
(5) keeping of animals
(6) undertaking regulated activities regarding human remains
(7) undertaking regulated activities on local government controlled areas and roads
(8) the use of bathing reserves for training and competitions.
(9) operation of self-contained Recreational Vehicle stop
Part 2 Category 2 activities
(1) operation of accommodation parks
(2) operation of a camping ground
(3) operation of cemeteries
(4) operation of public swimming pools
(5) operation of shared facility accommodation
(6) operation of temporary entertainment events
Part 3 Category 3 activities
There are no identified activities in this category.
Section 9
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 9
Schedule 3 Categories of approval that are non-
transferable
Section 7
(1) Approvals for the keeping of animals, where the approval is to keep more than the
prescribed number of animals e.g. (2 dogs or 2 cats, 1 horse or donkey, 6 chickens on
an urban lot).
(2) Approvals for undertaking any regulated activities regarding human remains.
(3) Approvals for undertaking a regulated activity on a local government controlled area
and road.
(4) Approvals to establish or occupy a temporary home.
Section 10
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 10
Schedule 4 Prescribed complementary accommodation
Section 8
Other accommodation that is prescribed as appropriate accommodation in caravan
parks within the local government’s area is –
(a) An on-site caravan; and
(b) A demountable accommodation unit; and
(c) A converted railway carriage; and
(d) A tent or other structure that can be readily assembled and disassembled.
Section 11
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 11
Schedule 5 State-controlled roads to which the local law
applies
Section 9
This schedule has been intentionally left blank.
Section 12
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 12
Schedule 6 Public place activities that are prescribed
activities
Section 10
(a) film and television production activities for which a development application
is not required under the local government’s planning scheme.
(b) a street stall, cake stall, sausage sizzle, or similar fundraiser held on no more
than 1 consecutive day.
(c) commercial low use activity e.g. fitness activity, itinerant food vendors,
information or display booths.
(d) a wedding or other ceremony.
(e) busking.
(f) private organised functions that involve amplified music.
Section 13
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Schedule 7 Alteration or improvement to local government
controlled areas and roads
Section 11
1 Prescribed activity
Alteration or improvement to local government controlled areas and roads
2 Activities that do not require approval under the authorising local law
(1) An approval under the authorising local law is not required for the following
activities–
(a) vegetation maintenance by a person of a nature strip immediately adjacent to
the person’s property provided the maintenance is not likely to create a risk to
the safety of pedestrians or vehicular traffic;
(b) installation of a residential/rural type vehicle crossover or driveway access,
provided the installation meets all of the standards and conditions imposed by
the local government.
(c) installation beside a road of a memorial comprising of a white cross provided
the installation complies with the local government policy for the activity.
(2) In this section –
vegetation maintenance means mowing, slashing or edging of grass,
weeding, watering, trimming of trees and other plants and removing dead or
falling branches.
vehicle crossover or driveway access means that portion of the vehicle
crossover/driveway access from the property boundary to the kerb or edge of
road, including all components that make up the vehicle access.
3 Documents and materials that must accompany applications for approval
An application for an approval must be accompanied by –
(a) name, address, telephone number and e-mail address for the person making
the application for the activity; and
(b) the property address, including lot and plan details where the activity is
proposed; and
(c) details of the work proposed to be undertaken; and
(d) details of the work methods and supervision arrangements to be used in the
activity, including pedestrian and traffic control arrangements; and
(e) details of the persons or organisation responsible for the work, if not the
applicant.
(f) the application fee as determined in Council’s schedule of fees and charges.
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4 Additional criteria for the granting of approval
As determined by an authorised person.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
For all approvals, the conditions that will ordinarily be imposed on an approval are that
the approval holder must –
(a) comply with any applicable standards for the approved activity outlined in
the local government’s Standards for the Conduct of Prescribed Activities;
and
(b) comply with any applicable requirements in the local government’s Public
Liability Insurance Requirements for Prescribed Activities.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
Permits issued under this section maybe renewed by an authorised officer.
Section 15
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Schedule 8 Commercial use of local government
controlled areas and roads
Section 11
1 Prescribed activity
Commercial use of local government controlled areas and roads
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for approval
An application for approval must be accompanied by –
(a) the name of the person who will be undertaking the prescribed activity; and
(b) the trading name, address, telephone number and email address of the
business under which the approval is to be issued; and
(c) a plan showing the relevant part of the road, footpath or public place that is to
be used for the prescribed activity; and
(d) details of the nature of the goods or services to be supplied and the times and
places at which the goods and services will be supplied; and
(e) a copy of a public liability insurance policy of not less than $20,000,000 held
by the applicant and which will remain current during the term of approval,
except in the case of an application for an approval for street performance;
and
(f) a signed indemnity in the wording specified in the application form; and
(g) the applicable fee as determined by the local government’s schedule of fees
and charges.
4 Additional criteria for the granting of approval
The additional criteria are that—
(a) The proposed type of commercial activity will be compatible with the
character and desirable characteristics of the area in which it is to be located,
having regard to –
(i) location and siting; and
(ii) size; and
(iii) community benefit; and
(iv) community need; and
(b) The activity will not unreasonably or adversely impact on existing views and
will not dominate or oppress the visual landscape; and
(c) The activity will cause no significant visual or physical obstruction of, or
Section 16
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distraction to, vehicular or pedestrian traffic; and
(d) The activity will –
(i) complement and not unreasonably detract from the desirable
characteristics of the natural and built environment in which it will be
situated; and
(ii) be consistent with the type of development or land use in the vicinity.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
(1) The following conditions will ordinarily be imposed on an approval, other than an
approval for street performance—
(a) the approval holder must, during the term of the approval, maintain a public
liability insurance policy of not less than $20,000,000 covering the prescribed
activity; and
(b) the activity must be designed, sited, constructed and maintained to ensure the
health and safety of the community by—
(i) complying with structural standards, specified safety requirements and
codes under applicable laws; and
(ii) exhibiting specified warning notices where required; and
(iii) storing and using hazardous materials in a safe manner; and
(iv) certifying vehicles, equipment or things involved in the prescribed
activity; and
(v) adhering to defined routes or locations specified in the approval; and
(vi) prohibiting an animal type or species from the prescribed activity
where specified in the approval; and
(vii) appropriately training persons engaged in the operation of the business;
and
(c) the amenity of residences in any adjacent residential area must be respected
and the activity must –
(i) only be undertaken within the hours specified in the approval; and
(ii) not cause a nuisance; and
(iii) ensure that the grounds, access ways and other areas to which the
public has access within the activity are maintained in a clean, tidy and
sanitary condition at all times; and
(iv) direct amplified noise away from a noise sensitive place; and
(d) the activity must not adversely impact on community health or create a
nuisance, which will be evidenced by meeting the following requirements by –
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(i) keeping the site free of pests and vermin and conditions offering
harbourage for pests and vermin; and
(ii) ensuring animals used as part of the activity are suitably located and
housed so as not to constitute a nuisance; and
(iii) providing a supply of potable water for drinking; and
(iv) providing an adequate and continuous supply of water to all relevant
toilet, bathroom, kitchen, laundry and drinking water facilities that form
part of the operations.
(2) For an approval for street performance, a condition that will ordinarily be imposed on
the approval is compliance with the Street Performance Code of Conduct, contained in
the Street Performance Operational Guidelines available on the local government’s
website.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1)
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal and subject to compliance will all of the conditions stated in
the approval.
Section 18
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Schedule 9 Establishment or occupation of a temporary
home
Section 11
1 Prescribed activity
Establishment or occupation of a temporary home.
2 Activities that do not require approval under the authorising local law
The occupation of a temporary home on rural land for a maximum period of four
weeks, provided the occupation complies with section 6(1)(c) & (d) and the temporary
home is on land owned by the occupier.
3 Documents and materials that must accompany applications for approval
An application for approval must be accompanied by –
(a) the name, address, telephone number and email address of the applicant and
person to whom the temporary home application relates; and
(b) if applicable, the trading name, address, telephone number and email address
of the business under which the temporary homes approval is to be issued;
and
(c) details of the application -
(i) the purpose for which the application is required; and
(ii) the number of occupants, adults and children, to be normally
accommodated; and
(iii) toilet, bathing, laundry, water storage and refuse facilities; and
(iv) a drawing showing the design and dimensions of the proposed
temporary home; and
(d) the materials out of which the temporary home is to be constructed and other
structural details of the temporary home; and
(e) the location of the temporary home; and
(f) in the case of a residential caretaker, details of a current building approval for
the construction of the permanent residence and evidence of financial
capacity and ability to construct the permanent residence; and
(g) in the case of a site caretaker, demonstration of the need for a site caretaker;
and
(h) if the applicant is not the owner of the land on which the establishment of the
temporary home is to be located – the written consent of the owner.
(i) the applicable fee as determined by the local government’s schedule of fees
and charges.
Section 19
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4 Additional criteria for the granting of approval
(1) For all approvals, the additional criteria are that –
(a) an adequate water source will be available to the proposed temporary home;
and
(b) there is adequate means of waste disposal and sanitation to ensure the
reasonable standards of health and hygiene can be maintained; and
(c) the temporary home can be suitably screened by means of landscaping,
natural vegetation or trees so as not to adversely affect the amenity of the
area; and
(d) the temporary home conforms with one of the following structural criteria in
the circumstances described –
(i) in the case of a tent – the maximum approval period will be for a term
of no more than 3 months; or
(ii) in the case of a vehicle designed or modified as a place of residence –
the maximum approval period will be for a term of no more than 6
months; or
(iii) in the case of a bus designed or modified as a place of residence – the
maximum approval period will be for a term of no more than 12
months; or
(iv) in the case of a self-contained caravan or motorhome – the maximum
approval period will be for a term of no more than 18 months; or
(v) in the case of a shed or class 10A building on the property – the shed or
building is not intended to be used permanently as a habitable building
– the maximum approval period will be for a term of no more than 24
months; or
(vi) in the case of any other proposed temporary home – the applicant can
demonstrate to the local government’s satisfaction that the health,
safety and aesthetic standards will not be adversely affected for the term
of approval applied for.
(2) For an approval relating to a residential caretaker, the additional criterion is that the
owner is liable to demonstrate an ability and capacity to construct a permanent
dwelling within the period of the building approval.
Example -
The applicant has a contract with a registered builder and sufficient funds are available. However,
this criterion may not be satisfied if –
a genuine application has not been made for building approval of a proposed permanent
residence; or
the proposed erection of a permanent residence has been approved and there is less than 90 days
left in the period fixed for finishing the relevant building work.
(3) For an approval relating to a site caretaker –
(a) the applicant must be able to demonstrate that a temporary caretaker is
required to reduce the risk of theft, vandalism or damage to buildings and
facilities on the property; and
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 20
(b) not more than two adults will reside in a temporary home.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
(1) The conditions that will ordinarily be imposed on all approvals are as follows –
(a) the temporary home must not be occupied as a place of permanent residence
for an indefinite period; and
(b) the approval holder shall construct a permanent residence on the property
within the timeframe specified in the approval; and
(c) the temporary home must be designed, sited, constructed and maintained to
ensure it does not adversely impact on public health or safety, and must be –
(i) compliant with any structural standards, specified safety requirements
and codes under relevant applicable laws; and
(ii) maintained in a good state of repair; and
(iii) maintained in a clean, tidy, sanitary and hygienic condition; and
(iv) provided with adequate ablution facilities – shower/bath, toilet and
wash basin, including provision of sufficient water supply to adequately
service those facilities; and
(v) capable of storing adequate potable water for drinking purposes; and
(vi) occupiers must not interfere with the amenity of the area through any
activity they undertake on the property.
(d) the temporary home must not adversely impact on the community health or
constitute a nuisance and must –
(i) be kept free of pests and vermin and conditions offering harbouring of
pests and vermin; and
(ii) be screened by means of natural topography, trees or landscaping so as
not to adversely affect the amenity of the area; and
(e) the temporary home must accommodate no more than the number of persons
specified in the approval; and
(f) a temporary home must be dismantled and removed by the date specified in
the approval, if required.
(2) For an approval relating to a residential caretaker or site caretaker, the additional
conditions that will ordinarily be imposed include that –
(a) the development approval for a permanent dwelling remains current; and
(b) the approval holder must provide a refuse or recycling collection service; and
(c) the permanent dwelling is being progressively constructed at such a rate it can
be reasonably expected to be completed within the period of the development
approval and the term of the temporary home approval.
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Example for paragraph (c) –
Extensions will only be granted where significant progress has been made toward the completion of the
permanent dwelling.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
Section 22
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 22
Schedule 10 Installation of advertising devices
Section 11
1 Prescribed activity
Installation of advertising devices.
2 Activities that do not require approval under the authorising local law
(1) Approval is not required under the authorising local law for an advertising device that
is regulated by the local government’s planning scheme.
(2) The following advertising devices (signs) do not require an application to be lodged
with the local government provided they comply with the conditions to display such a
device as identified in the Local Government Advertising Policy.
By displaying any of the following signs either on council controlled land or on
private land, the person responsible is deemed to have been issued an approval and
accepts the conditions the local government has identified for the type of sign
displayed –
(a) Sandwich board/A frame – a portable sign used to advertise a business or
goods and services available at the business. A sandwich board or A–frame
sign must meet all the parameters below to be self-assessable –
(i) the sign may only be used when the business is open; and
(ii) a maximum of (1) one sign per tenancy is permitted; and
(iii) the sign must be placed on the property to which it refers, or where this
is not practically possible immediately adjacent to the property; and
(iv) the maximum size permitted is 900mm x 600mm or 0.54m² on each
side of the sign; and
(v) one tear drop/kite sign may be displayed instead of using an A frame
sign.
(b) Tear Drop Flag – a free standing single piece of lightweight material
attached or supported by a flexible pole that allows the material to move in
the wind.
A tear drop flag must meet all of the parameters below to be self-assessable —
(i) the sign may only be used when the business is open; and
(ii) a maximum of (1) one sign per tenancy is permitted; and
(iii) the sign must be placed on the property to which it refers or where this
is not practically possible immediately adjacent to the property; and
(iv) the maximum height permitted is 2.0 metres; and
(v) may be displayed instead of using an A Frame sign;
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(c) Event Directional – signs intended to provide directional information to
motorists about the location of an event/facility or feature.
.
Example: providing directions to a prize home or festival parking
Event directional signs must meet all of the parameters below to be self-
assessable—
(i) may be displayed for 7 days prior to, and on the day or days of the
event; and
(ii) shall be removed within 24 hours of the conclusion of the event; and
(iii) the responsible person may display up to a maximum of (5) five
signs per each event, unless approval for more signs has been given in
writing by an authorised person for the local government; and
(iv) have a maximum face area (0.54m² – 900mm x 600mm); and
(v) may not be placed on roundabouts, centre traffic islands, median strips,
or any state-controlled road; and
(vi) signs must not be nailed to trees or attached to road infrastructure,
including traffic or road advisory signs; and
(vii) shall be constructed to withstand consequent wind or other loads.
(d) Real Estate.
For sale - signs must meet all of the parameters below to be self-assessable —
(i) only (1) one sign per property is permitted; and
(ii) the sign must be placed on the property that is for sale or where this is
not practically possible immediately adjacent to the property; and
(iii) the sign may be double sided or V shaped, provided it does not create a
hazard for pedestrians or motorists by protruding from the property; and
(iv) the maximum size permitted is 2.16m² in total area;
- a single sided sign maximum size is 2.16m²; or
- a double sided sign maximum size each side 1.08m2 = 2.16m2.
Open for Inspection & Auction - directional signs must meet the following
parameters to be self-assessable –
(v) signs may only be placed on the day of the auction/open for inspection
and removed immediately after the auction/open for inspection; and
(vi) a sign must not exceed 750mm x 400mm or 0.3m² in area per side; and
(vii) only (6) six, directional signs per event are permitted including the
auction/open for inspection sign erected at the property; and
(viii) signs may not be placed on roundabouts, centre traffic islands, median
strips, or any state-controlled road; and
(ix) only (1) sign may be placed at each intersection; and
(x) signs shall not be illuminated or animated.
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(e) Garage sale.
(i) a sign must not exceed 750mm x 400mm or 0.3m² in area per side; and
(ii) the number of signs must not exceed (5) per event which includes the
sign erected at the property; and
(iii) signs may not be placed on roundabouts, centre traffic islands, median
strips, any state-controlled road or on any road infrastructure; and
(iv) signs must not be placed on road infrastructure including traffic or
advisory signs; and
(v) signs must not be nailed to trees or other vegetation; and
(vi) only (1) sign may be placed at each intersection; and
(vii) signs may be put out on the day of the garage sale only and must be
removed promptly after the garage sale ends; and
(viii) signs shall not be illuminated or animated.
3 Documents and materials that must accompany applications for approval
An advertising device that doesn’t meet the criteria as a self-assessable sign must have
the approval of the local government prior to placement either on public land or on
private land. An application for such signs must include the following information –
(a) the name of the person making the application; and
(b) the trading name, address, telephone number and email address of the
business under which the approval is to be issued; and
(c) a plan showing the relevant part of the private land, road, footpath or public
place that is to be used to display the advertising device; and
(d) a signed letter from the land owner if the applicant does not own the land the
sign is to be placed on, approving the placement; and
(e) details of the design, construction, dimensions and contents of the advertising
device and how it is to be secured to prevent it from moving; and
(f) the times the advertising device will be displayed; and
(g) a copy of a public liability insurance policy of not less than $20,000,000 held
by the applicant and which will remain current during the term of approval;
and
(h) the appropriate application fee as determined by the local government’s
schedule of fees and charges.
4 Additional criteria for the granting of approval
The following criteria are matters that the local government must be satisfied about,
before granting an approval for an advertising device –
(a) the construction of the advertising device must be structurally sound; and
(b) the device must not exceed the height, dimensions or overall size permitted
by the local government for the type of sign; and
(c) the device must be located on the private property to which it relates or where
that is not physically possible, a request can be made to place the sign
immediately adjacent to the property to which it relates; and
(d) the device must not obstruct vehicle or pedestrian traffic and must not
constitute a traffic hazard or impede a driver’s vision; and
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(e) the device must be of a professional standard, hand painted or written signs
will not be approved; and
(f) the device must comply with the requirements of all levels of government;
and
(g) the device must not be illuminated; and
(h) the device must be architecturally attractive and contribute to the retention
and enhancement of the character of the area.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
(a) the holder of an approval must maintain the advertising device in a sound
condition so it doesn’t create a visual or safety hazard ; and
(b) where space permits a sign to be placed on private property, approval to place
the sign on public land will be denied.
(c) an advertising device must be removed within 24 hours of the approval
lapsing.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
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Schedule 11 Keeping of animals
Section 11
1 Prescribed activity
Keeping of animals
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for approval
An application for an approval to keep more than the permitted number of animals
must include the following information –
(a) the name, postal address and telephone contact details for the applicant and
owner of the animal to whom the approval is to be issued; and
(b) if the owner is a member of any animal organisation and intends to breed with
any of the animals included in this application, a breeder registration number
must be included; and
(c) the number of animals to be kept; and
(d) details of the species, breed, age and gender of the animal or each of the
animals for which the approval is sought; and
(e) the nature of the premises in which the animal or animals are to be kept; and
(f) the applicable fee as determined by the local government’s schedule of fees
and charges.
4 Additional criteria for the granting of approval
Additional general criteria applicable to all applications for approval are that the
keeping of the animal or animals –
(a) is the land physically suitable for the keeping of the animals; and
(b) are the enclosures in which the animals are to be kept structurally sound and
suitable to house the animals; and
(c) are not likely to cause undue nuisance, inconvenience, or annoyance to the
occupiers of adjoining land; and
(d) will not have a detrimental effect on the amenity of the surrounding area; and
(e) will not have a detrimental effect on the local environment or cause pollution
or other environmental damage.
For approval to keep a sheep or a goat on land less than 4,000m2 or a horse or donkey
on land less than 8000m2 in addition to the criteria above the applicant must provide
an animal management plan that identifies how they are going to deal with any noise,
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smell or amenity issues caused by the animals, to ensure the nearby neighbours are not
adversely impacted.
5 Conditions that must be imposed on approvals
The conditions that will ordinarily be imposed for an approval to keep an animal in an
urban area are that the approval holder must –
(a) keep the property tidy and to a reasonable standard of hygiene, remove
animal faeces so they do not create a nuisance; and
(b) ensure compliance with all of the relevant requirements to keep an animal as
per the Animal Management (Cats and Dogs) Act 2008; and
(c) follow all reasonable directions issued by an authorised person; and
(d) ensure animals do not cause a nuisance, inconvenience or annoyance to
others.
6 Conditions that will ordinarily be imposed on approvals
Conditions that will ordinarily be imposed on an approval are that the approval holder
must –
(a) ensure that animal/s in their care do not cause environmental harm; and
(b) ensure that animal/s in their care do not have a detrimental effect on the
amenity of the neighbouring properties; and
(c) ensure that animal/s in their care do not cause a nuisance to neighbours by
making excessive noise; and
(d) ensure any structure used to house animal/s are positioned so as not to effect
neighbouring properties; and
(e) ensure that animal/s in their care are not permitted to stray from the property.
(f) ensure that the animal/s in their care are maintained in good health and do not
suffer undue duress.
7 Term of approval
The term of an approval is the period stated in the approval.
8 Term of renewal of approval
The term of any renewal of an approval is the same term as the original approval
subject to compliance with all conditions stated on the approval, or such lesser term as
stated on the renewal.
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Schedule 12 Operation of camping grounds
Section 11
1 Prescribed activity
The operation of camping grounds including a self-contained Recreational Vehicle
(RV) Park.
2 Activities that do not require approval under the authorising local law
Approval is not required under the authorising local law for the operation of a self-
contained RV Park that provides for 5 or less spaces and no other short term
accommodation on the land. Provided the operator of the self-contained RV Park
complies with the following –
(a) section 5 (a), (d), (h) & (i) of this schedule; and
(b) standard conditions –
(i) self-contained RV overnight area means premises use for the parking of
self-contained RV’s, for a maximum of 4 consecutive nights, where no
water is provided and no liquid or solid waste in left or disposed of
onsite; and
(ii) self-contained RV’s are those that can hold fresh water, greywater and
/or blackwater and have on board cooking and sleeping facilities; and
(iii) the land on which the RV park is proposed is zoned rural and is greater
than 10 ha in size; and
(iv) there is safe access onto and off the site for turning vehicles.
3 Documents and materials that must accompany applications for approval
(1) Owners of RV parks that exceed the criteria to get an exemption for a self-contained
RV Park must apply and seek approval to operate as a camping ground –
(2) The following information, documents and materials must accompany an application
for an approval to operate as a camping ground –
(a) the name, address, telephone number and email details of the person who
proposes to operate the camp ground; and
(b) details of the property that the proposed camping ground is to be situated on;
and
(c) a plan showing the boundaries of the camping ground and the division of the
camping ground into camping sites, including those to be used to
accommodate self-contained RV overnight parking; and
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(d) the application fee as determined in the local government’s schedule of fees
and charges; and
(e) documents to identify the activity is lawful on the land (e.g. a development
permit); and
(f) if the applicant is not the owner of the land on which the camping ground is
situated—the written consent of the owner to the application; and
(g) details of the facilities to be provided for campers.
4 Additional criteria for the granting of approval
The following criteria may be considered when granting an approval –
(a) whether the camp ground can be operated in a way which will not cause any
nuisance, inconvenience or annoyance to the occupiers of adjoining land; and
(b) whether all facilities in the camp ground are at an acceptable standard or can
be brought to acceptable standard.
5 Conditions that must be imposed on approvals
The following conditions will be imposed on approvals –
(a) the operator must maintain an accurate register of vehicles and campers
staying at the park and allow access to the register if required by an
authorised person; and
(b) ensure the maximum number of persons accommodated at the camping
ground does not exceed the limit specified on the development approval for
the overnight RV stop and/or camping ground; and
(c) all buildings, structures and facilities provided by the operator of the camping
ground must be maintained in good and serviceable condition; and
(d) the operator must keep the camping ground (including all overnight RV and
camping sites) clean and tidy; and
(e) the camping ground must have an approved refuse removal service; and
(f) the operator must provide adequate water supply, toilets, showers and waste
facilities to service the needs of the camping ground; and
(g) the operator must provide and maintain a supply of potable water for drinking
and cooking; and
(h) the activity should not adversely impact on nearby properties; and
(i) the operator must comply with any lawful direction issued by an authorised
person for the local government.
6 Conditions that will ordinarily be imposed on approvals
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As determined by an authorised person.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
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Schedule 13 Operation of accommodation parks
Section 11
1 Prescribed activity
Operation of accommodation parks
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
An application for an approval to operate an accommodation park must be
accompanied by the following—
(a) the name, address, telephone number and, where applicable, e-mail address of
the person who proposes to operate the accommodation park; and
(b) the trading name, address, telephone number and, where applicable, e-mail
address of the business under which the accommodation park is proposed to
be operated; and
(c) details of the operation of the accommodation park including —
(i) a copy of the development permit for the accommodation park; and
(ii) the location and real property description of the premises; and
(iii) the boundaries of the premises; and
(iv) the location, number and type of sanitary conveniences; and
(v) the location and number of laundries; and
(vi) the water supply system; and
(vii) a drainage plan; and
(viii) the location and number of sites within the accommodation park; and
(ix) the ancillary facilities; and
(x) the sewerage and waste water disposal system; and
(xi) an evacuation plan; and
(xii) a register of residents and guests.
(d) the applicable fee as determined by the local government’s schedule of fees
and charges.
4 Additional criteria for the granting of approval
This section has been intentionally left blank
5 Conditions that must be imposed on approvals
This section has been intentionally left blank
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 32
6 Conditions that will ordinarily be imposed on approvals
The conditions that will ordinarily be imposed on an approval are that —
(a) sites must be large enough to allow a 1.8 metre separation distance between
sites, or if devices are used to secure a tent, between the devices and the
adjacent tent or devices used to secure it; and
(b) every site shall have a well-drained surface and where concrete pads are
provided they should be designed and built in accordance with the current
Australian Standard; and
(c) a sufficient number of conveniently located and suitably equipped toilet and
ablution facilities must be provided for each gender in accordance with the
following guidelines—
(i) if private ensuite facilities are not provided for accommodation on a site
—
(A) facilities must be located at least 6 metres but no more than
100 metres from the site; and
(B) where there are 40 sites or fewer, one pedestal for every 7 sites
must be provided for female occupants, one pedestal for ever
10 sites must be provided for male occupants, and a 0.6 metre
urinal must be provided for every 20 sites (or part
thereof) for male occupants; and
(C) where there are more than 40 sites, the appropriate number of
toilet facilities shall be as provided in caravan park industry
guidelines; and
(ii) at least one sanitary disposal unit must be provided for every four
female toilet cubicles; and
(iii) all ablution facilities must have reticulated hot and cold water provided
to all shower cubicles and hand basins; and
(iv) individual toilets, showers or baths must be adequately screened for
privacy; and
(v) separate ablution facilities for each gender must be provided in the ratio
of one shower or bath and hand basin to every 15 sites; and
(d) the operation of the accommodation park must—
(i) not attract fly breeding or vermin infestation; and
(ii) ensure the park is kept free of pests and conditions offering harbourage
for pests; and
(iii) provide an adequate and continuous supply of hot and cold water to all
toilet, bathroom, kitchen, laundry and drinking water facilities that form
part of the operation of the accommodation park; and
(iv) maintain a potable water supply for drinking purposes; and
(v) ensure that any water supply outlet for non-potable water is
prominently and permanently labelled with the words “Not fit for
human consumption;” and
(vi) ensure that electricity is provided as part of the operations; and
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(vi) not allow a person to camp or sleep in a part of the accommodation
park that is not nominated as a site in the plan approved by the local
government; and
(e) the accommodation park must be maintained to provide a safe and habitable
environment for all park residents, including—
(i) all facilities, fixtures, fittings, equipment and furniture being maintained
in good working order, and in a clean, tidy, sanitary and hygienic
condition; and
(ii) the grounds being maintained at all times; and
(iii) the operator keeping a register, available for inspection at any time by
an authorised person, containing—
(A) the name and address of each person who hires a camping site;
and
(B) an identifying number for the site; and
(C) if a vehicle is brought onto the site—the registration number of
the vehicle; and
(D) the dates when the hiring of the site begins and ends.
(2) The conditions specified in subsection (1)(c)(i), (iv) and (v) will not ordinarily be
imposed on an approval for operating an accommodation park that commenced
operation before the commencement of this subordinate local law.
(3) However, the conditions mentioned in subsection (2) will ordinarily be imposed on an
accommodation park mentioned in subsection (2) if the park’s toilets and facilities
undergo significant renovation.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
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Schedule 14 Operation of public swimming pools
Section 11
1 Prescribed activity
Operation of public swimming pools
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
The following documents and materials must accompany an application for an
approval –
(a) a copy of the development permit for the public swimming pool; and
(b) the application fee as determined in Council’s fees and charges schedule; and
(c) plan identifying the swimming pool; and
(d) details of the nature and extent of the public use that is proposed by the
applicant, including any training programs intended to be conducted; and
(e) details of the proposed management and supervision of the swimming pool
(including the qualifications and experience of proposed managers and
supervisors); and
(f) if the applicant is not the owner of the land on which the swimming pool is
situated—the owner’s consent to the application.
4 Additional criteria for the granting of approval
The following criteria must be considered when granting an approval –
(a) the equipment proposed for the disinfection or the disinfection process,
filtration and recirculation of swimming pool water is adequate to protect
public health; and
(b) the maintenance, management and supervision of the swimming pool will be
adequate to protect public safety and prevent nuisance.
5 Conditions that must be imposed on approvals
The following conditions are conditions that must be imposed on an approval –
(a) the approval holder, contractors or agents are required to —
(i) have the ability to provide appropriate emergency medical treatment
and first aid; and
(ii) provide appropriate equipment to rescue persons in difficulty; and erect
and display notices providing information about basic life-saving,
resuscitation and first aid techniques; and
(iii) undertake regular water testing to ensure that biological contaminants
are kept within acceptable levels; and
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(iv) keep appropriate records of all water testing and make the results
readily available for viewing by an authorised person for the council as
required; and
(v) allow an authorised person to access the premises where the swimming
pool is located at any reasonable time to inspect the swimming pool and
associated equipment; and
(vi) allow an authorised person to take samples of water from the swimming
pool for analysis.
6 Conditions that will ordinarily be imposed on approvals
The following conditions will ordinarily be imposed on an approval –
(a) The approval holder, contractors or agents are required to –
(i) provide supervision at all time the swimming pool is in use, by a person
with appropriate qualifications and experience; and
(ii) provide dressing rooms and facilities for showering and sanitation; and
(iii) comply with the Queensland Health Swimming and Spar Pool Water
Quality and Operational Guidelines.
(iv) carry out water testing at a frequency determined by the local
government.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
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Schedule 15 Operation of temporary entertainment events
Section 11
1 Prescribed activity
Operation of temporary entertainment events
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for approval
An application for an approval to operate a temporary entertainment event must be
accompanied by –
(a) the name, address, telephone number and email address of the applicant and
person who will be the temporary entertainment event operator; and
(b) the trading name, address, telephone number and email address of the
business under which the temporary entertainment event is to be operated;
and
(c) the registration number of any vehicle used in the operation of the temporary
entertainment event; and
(d) details of the temporary entertainment event venue; and
(e) a temporary entertainment event management plan, which must include –
(i) a community consultation plan; and
(ii) an event operational plan; and
(iii) a catering plan; and
(iv) a security service plan; and
(v) an emergency management plan; and
(vi) an alcohol management plan; and
(vii) a noise management plan; and
(viii) a traffic management plan; and
(ix) a waste management plan; and
(x) a risk management strategy; and
(xi) a public safety plan; and
(f) a copy of a public liability insurance policy of not less than $20,000,000 held
by the applicant and which will remain current during the term of the
approval; and
(g) details of compliance with the requirements of State and Commonwealth
Government agencies, including –
(i) Office of Liquor and Gaming Regulation; and
(ii) Department of Environment and Resource Management; and
(iii) Workplace Health and Safety Queensland; and
(h) details of the temporary entertainment event operator’s experience and
qualifications to conduct the event.
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4 Additional criteria for the granting of approval
An additional criterion applicable to an application for approval to operate a temporary
entertainment event is whether the application has been submitted a reasonable period
of time prior to the proposed event, which will usually be a period of not less than 6
weeks.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
The conditions that will ordinarily be imposed on an approval are that—
(a) the event must not detrimentally affect the amenity of neighbouring premises
by causing a nuisance; and
(b) the event may only be undertaken within the hours specified in the approval;
and
(c) amplified noise from the event shall be directed away from a noise sensitive
place; and
(d) a person must not camp or sleep overnight in a place (other than a residence)
covered by the temporary entertainment event unless authorised by the
approval; and
(e) the approval holder must notify all residents, organisations and persons likely
to be affected by the operation of the event within a minimum period of 4
weeks leading up to the event; and
(f) the approval holder must be able to provide quick responses to complaints
and must maintain a complaints hotline (a landline phone number) for the
duration of the event; and
(g) the event must not adversely impact on community health, which necessitates
compliance with the following requirements—
(i) the site must be kept free of pests and vermin and conditions offering
harbourage for pests and vermin; and
(ii) if the event involves the use of animals, they must be suitably located
and housed so as not to constitute a nuisance; and
(iii) where water is supplied for drinking purposes, it must be potable water;
and
(iv) an adequate and continuous supply of water must be maintained to all
permanent toilet, bathroom, kitchen, laundry and drinking water
facilities that form part of the operation of the event; and
(v) all patrons must have access to adequate toilet facilities and hand
basins; and
(vi) the site must be maintained in a clean and sanitary condition during the
event.
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7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
These permits are not generally renewed.
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Schedule 16 Undertaking regulated activities regarding
human remains— (a) disturbance of human
remains buried outside a cemetery
Section 11
1 Prescribed activity
Undertaking regulated activities regarding human remains— (a) disturbance of human
remains buried outside a cemetery.
2 Activities that do not require approval under the authorising local law
The disturbance of human remains does not require approval under the authorising
local law if it is undertaken –
(a) pursuant to an order of the coroner or other lawful authority; or
(b) by an authorised person for the purposes of the reopening of a grave,
installation of a memorial or exhumation of human remains.
3 Documents and materials that must accompany applications for approval
This section has been intentionally left blank.
4 Additional criteria for the granting of approval
This section has been intentionally left blank.
5 Conditions that must be imposed on approvals
This section has been intentionally left blank.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank.
7 Term of approval
This section has been intentionally left blank.
8 Term of renewal of approval
This section has been intentionally left blank.
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Schedule 17 Undertaking regulated activities regarding
human remains— (b) burial or disposal of
human remains outside a cemetery
Section 11
1 Prescribed activity
Undertaking regulated activities regarding human remains— (b) burial or disposal of
human remains outside a cemetery.
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for approval
An application for an approval must be accompanied by –
(a) evidence regarding the criteria in section 4 of this schedule; and
(b) evidence of the ownership of the property; and
(c) Global Positioning System (GPS) reference points to identify the proposed
burial location; and
(d) a comprehensive description of the burial method and ongoing management
of the site.
4 Additional criteria for the granting of approval
The additional criteria for approvals for burial or disposal of human remains outside a
cemetery are that either –
(a) there is a special family, personal or historical association between the
deceased person and the place in which the remains are to be buried or
disposed of; or
(b) the deceased is a member of a family and the human remains of other
members of the family have been disposed of in the family cemetery.
5 Conditions that must be imposed on approvals
This section has been intentionally left blank.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank.
7 Term of approval
This section has been intentionally left blank.
8 Term of renewal of approval
This section has been intentionally left blank.
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Schedule 18 Undertaking regulated activities regarding
human remains— (c) disturbance of human
remains in a local government cemetery
Section 11
1 Prescribed activity
Undertaking regulated activities regarding human remains— (c) disturbance of human
remains in a local government cemetery
2 Activities that do not require approval under the authorising local law
The disturbance of human remains does not require approval under the authorising
local law if it is undertaken –
(a) pursuant to an order of the coroner or other lawful authority; or
(b) by an authorised person for the purposes of the reopening of a grave,
installation of a memorial or exhumation of human remains.
3 Documents and materials that must accompany applications for approval
This section has been intentionally left blank.
4 Additional criteria for the granting of approval
This section has been intentionally left blank.
5 Conditions that must be imposed on approvals
This section has been intentionally left blank.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank.
7 Term of approval
This section has been intentionally left blank.
8 Term of renewal of approval
This section has been intentionally left blank.
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Schedule 19 Undertaking regulated activities on local
government controlled areas and roads
Section 11
1 Prescribed activity
Undertaking regulated activities on local government controlled areas and roads.
2 Activities that do not require approval under the authorising local law
The following activities do not require a permit to be issued, however the activity must
be undertaken in accordance with the conditions imposed or the standards in place for
the activity.
(a) maintain a footpath adjacent to a residential property in accordance with the
local government’s policy;
(b) place a temporary portable advertising device on a footpath or public land in
accordance with the local government’s policy;
(c) construct, install or build a driveway access or vehicle crossover in
accordance with the standards set by the local government;
(d) lighting or maintaining a fire in a caravan park, in accordance with the local
government policy for the particular caravan park;
3 Documents and materials that must accompany applications for approval
An application for approval must be accompanied by –
(a) the name, address, telephone number and e-mail address of the person to be
conducting the regulated activity; and
(b) the trading name, address, telephone number and e-mail address of any
business under which the regulated activity will be conducted; and
(c) the registration number of any vehicle to be used in the regulated activity; and
(d) details of the nature of any goods or services to be supplied and the times and
places at which the goods or services will be supplied as part of the regulated
activity; and
(e) details of the regulated activity, including when, where and how it will be
undertaken; and
(f) any site plans and specifications regarding the regulated activity; and
(g) the appropriate fee as determined in the local governments schedule of fees
and charges; and
(h) details of all insurances relevant to the activity held by the person who will be
undertaking the regulated activity.
4 Additional criteria for the granting of approval
This section has been intentionally left blank.
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 43
5 Conditions that must be imposed on approvals
This section has been intentionally left blank.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
This section has been intentionally blank.
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 44
Schedule 20 Undertaking regulated activities on local
government controlled areas and roads— (b)
depositing of goods or materials
Section 11
1 Prescribed activity
Undertaking regulated activities on local government controlled areas and roads— (b)
depositing of goods or materials.
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
The following documents and materials must accompany an application for an
approval –
(a) the name, address, telephone number and e-mail address of the person
seeking to deposit the goods or material; and
(b) details of the goods and/or materials to be deposited; and
(c) details of the proposed action that requires the depositing of goods and
materials on the local government controlled area or road; and
(d) the appropriate fees as determined in the local government’s schedule of fees
and charges; and
(e) any further information that is considered relevant to the application.
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding whether or not to grant the
approval to deposit good or materials –
(a) that the depositing of goods or materials would not unduly interfere with the
usual use or the amenity of the road or area; and
(b) will the activity constitute a danger or a nuisance to any person using the area
while the deposit is in place; and
(c) is there likely to be any obstruction to property accesses, footpaths or
kerbside parking spaces; and
(d) will the activity adversely affect the amenity of the area or the environment;
(e) will the activity interfere with any proposed work to be undertaken by the
local government or any other government entity.
5 Conditions that must be imposed on approvals
The following conditions could be imposed if the approval is granted –
(a) require compliance with specified safety conditions; and
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 45
(b) regulate the time within which the activity must be carried out; and
(c) regulate the manner in which the goods or materials may be deposited; and
(d) provide public liability insurance for the amount nominated by the local
government and name the local government as an interested party on the
policy; and
(e) indemnify the local government and the state government (if the activity is on
a state road) against all claims and liability, including claims for personal
injury (including death) and damage to property; and
(f) comply with any standards specified by governments or controlling bodies in
carrying out the work; and
(g) ensure traffic control measures comply with the requirements identified in a
traffic management plan approved by the local government and Transport &
Main Roads if necessary; and
(h) the work should be completed to the satisfaction of an authorised officer of
the local government.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank.
7 Term of approval
(1). The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2). An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
This section has been intentionally left blank.
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 46
Schedule 21 Undertaking regulated activities on local
government controlled areas and roads— (c)
holding of a public place activity prescribed by
subordinate local law
Section 11
1 Prescribed activity
Undertaking regulated activities on local government controlled areas and roads— (c)
holding of a public place activity prescribed by subordinate local law, excluding the
operation of a temporary entertainment event.
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
An application must include the following information –
(a) The name, address, telephone number and e-mail address of the person
seeking to hold the public place activity; and
(b) full details of the proposed public place activity to be undertaken; and
(c) the appropriate fees as determined in the local government’s schedule of fees
and charges; and
(d) proof of any specifically required licences or permits required to undertake
the activity;
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding to grant the approval –
(a) the activity will not unduly interfere with the normal use and enjoyment of
the area or road; and
(b) that the application was presented to the local government within acceptable
timelines to allow enough time to investigate and issue an approval that
covers all relevant matters; and
(c) the activity will not generate noise, dust or light pollution or have any other
adverse effect on the surrounding neighbourhood;
(d) the activity can be lawfully conducted on the site; and
(e) the location is suitable for the proposed activity, taking into account the
number of people, the expected traffic disruptions and the ability for
emergency services to access the site.
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 47
5 Conditions that must be imposed on approvals
The following conditions will ordinarily be imposed if in the opinion of an authorised
officer they are relevant to the activity proposed —
(a) require compliance with specified safety requirements relevant to the activity;
and
(b) require the applicant to exhibit specified warning notices and to take other
specified precautions for the safety of users of the road or activity area within
the timelines identified by the local government; and
(c) require the applicant to give specified indemnities and to take out specified
insurance policies nominating the local government as an interested party on
the policy and where applicable indemnify the State of Qld; and
(d) require the applicant to provide specified facilities and amenities relevant to
the activity; and
(e) regulate the hours of operation of the activity; and
(f) regulate noise emission from the activity; and
(g) require the applicant to provide specified equipment, or take specified
measures, to reduce adverse effects of the activity on the surrounding
neighbourhood to acceptable levels; and
(h) if the approval relates to an activity on a road—require the applicant to
provide proof of all permits and licences required to conduct the activity;
(i) the applicant must comply with the local government local laws and policies
relevant to the activity.
6 Conditions that will ordinarily be imposed on approvals
As determined by an authorised officer.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
Approvals under this section are not usually renewed.
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Schedule 22 Bringing or driving motor vehicles onto local
government controlled areas
Section 11
1 Prescribed activity
Bringing a motor vehicle onto or driving a motor vehicle on a place that is—
(a) within a local government controlled area; and
(b) not within a motor vehicle access area.
(Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015,
section 6(2)).
2 Activities that do not require approval under the authorising local law
The following exemptions apply –
(a) employees of the local government who are entering the area during the course
of the employment; and
(b) a contractor undertaking work for the local government;
3 Documents and materials that must accompany applications for approval
An application must include the following information –
(a) the name, address, telephone number and e-mail address of the person seeking
approval to bring a motor vehicle into a local government controlled area; and
(b) full details of the reasons for bringing the motor vehicle onto the local
government controlled area; and
(c) the appropriate fee as determined in the local government’s schedule of fees and
charges; and
(d) the date and time and duration of bringing the motor vehicle onto the area; and
(e) the parts of the area where the motor vehicle will be driven; and
(f) the details of motor vehicle to be driven including type, model, registration
number, and number of passengers.
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding to grant an approval –
(a) the applicant has been contracted to undertaken construction, repair or
maintenance work within the local government controlled area, by the local
government;
(b) there is no other access to a temporary entertainment venue except through the
controlled area, for which the applicant has received approval under another local
law;
(c) the applicant has been issued a commercial use permit by the local government
to operate in the controlled area;
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 49
(d) the applicant is holding a celebration, ceremony or competition in the controlled
area, for which the applicant has received approval under another local law;
(e) if approved the vehicle access will not unduly interfere with the usual use and
enjoyment of the area;
(f) the vehicle proposed to be driven on the controlled area will not impact on the
natural resources and native wildlife of the area;
(g) the vehicle nominated will not cause damage to the area;
(h) the activity the vehicle will be engaged in will not generate noise or dust or other
adverse effects on the surrounding neighbourhood.
5 Conditions that must be imposed on approvals
The following conditions are conditions that will be imposed if an authorised person
determines they should be —
(a) the approval will be valid only for the dates specified in the approval;
(b) the approval will be valid only for the specific vehicle or type of vehicle
specified in the approval;
(c) the approval is not transferable;
(d) the approval holder will respect any speed limits specified in the approval;
(e) the approval holder will comply with any restrictions specified in the approval
regarding the parts of the local government controlled area that may be accessed
by vehicle;
(f) the approval must be displayed on the dashboard of the vehicle while it is within
the local government controlled area;
(g) the approval holder must have regard for the safety of other users of the local
government controlled area;
(h) the approval holder must give 24 hours notice of the vehicle access to affected
neighbours of the area;
(i) the approval holder will be liable to pay the local government the cost of
rectifying any significant damage caused by the use of the vehicle in the area;
(j) the approval may be withdrawn at any time leading up to the approval date for
any reason;
6 Conditions that will ordinarily be imposed on approvals
As determined by an authorised officer.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on the
next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
Approvals are not renewable or transferrable
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 50
Schedule 23 Bringing or driving prohibited vehicles onto
motor vehicle access areas
Section 11
1 Prescribed activity
Bringing a prohibited vehicle onto or driving a prohibited vehicle on a specified motor
vehicle access area (Local Law No.4 (Local Government Controlled Areas, Facilities
and Roads) 2015, section 6(4)).
2 Activities that do not require approval under the authorising local law
The following exemptions apply –
(a) employees of the local government who are entering the area during the course
of the employment; and
(b) a contractor undertaking work for the local government;
3 Documents and materials that must accompany applications for approval
The following documents and materials must accompany an application for an
approval–
(a) the name, address, telephone number and e-mail address of the person
seeking approval to bring a vehicle into a motor vehicle access area; and
(b) full details of the reasons for seeking access into the motor vehicle access
area; and
(c) the appropriate fees as determined in the local government’s schedule of fees
and charges; and
(d) the date, time and duration of the required access in the area; and
(e) the parts of the area to be accessed; and
(f) the details of motor vehicle to be driven including make, model, registration,
number of persons.
4 Additional criteria for the granting of approval
As determined by an authorised person.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
As determined by an authorised person.
7 Term of approval
As stated in the approval.
8 Term of renewal of approval
Approvals are not renewable or transferrable.
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Schedule 24 Parking contrary to an indication on an official
traffic sign regulating parking by time
Section 11
1 Prescribed activity
Parking contrary to an indication on an official traffic sign regulating parking by time.
(Local Law No.5 (Parking) 2015, section 7(1)).
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
An application for a parking permit must be accompanied by the following
information –
(a) the name, address, telephone number and email address of the applicant; and
(b) the reason(s) why a permit is required; and
(c) the period of time for which a permit is sought; and
(d) the details of the motor vehicle, including the registration number, vehicle
make, model and type; and
(e) the appropriate fees as determined by the local government’s schedule of fees
and charges; and
(f) any other information relevant to the application.
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding to issue a parking permit –
(a) the applicant has provide a valid request to park for periods longer than the
conditions to park allow as indicated on the parking sign;
(b) a parking permit is needed to access specific parking spaces where a parking
permit is required;
(c) building or construction work is approved at nearby premises and parking
conditions are restrictive on trade services or deliveries;
(d) parking is required for a special event;
(e) parking is required for a specific activity approved by the local government.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 52
6 Conditions that will ordinarily be imposed on approvals
The conditions that will ordinarily be imposed on a parking permit are that –
(a) the permit applies to the nominated applicant and the vehicle registration
identified on the permit; and
(b) the permit must be displayed in a highly visible place on the vehicle when the
permit is being used; and
(c) the permit is not transferrable; and
(d) the permit will only be valid for the location and conditions included in the
permit.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on the
next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 53
Schedule 25 Carrying out works on a road or interfering
with a road or its operation
Section 11
1 Prescribed activity
Carrying out works on a road or interfering with a road or its operation (Local
Government Act 2009, section 75(2))
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
An application for approval to undertake works on a road or to interfere with the
operations of a road must be accompanied by the following information –
(a) the name, address, telephone number and e-mail address of the person who
will be undertaking the work or interference; and
(b) full details of the work to be undertaken on the road including –
(i) the design, dimensions and construction details of any structure; and
(ii) when, where and how the work will be undertaken; and
(iii) a site plan to scale and specifications of the structure to be installed; and
(c) details of all insurances held by the person who will be undertaking the work.
(d) the appropriate fees as determined in the local government’s schedule of fees
and charges.
4 Additional criteria for the granting of approval
(1) The additional criteria for approvals for the installation of a vehicular access to
premises are the following –
(a) the owner of the premises accepts the responsibility for the cost of installing
and maintaining the vehicular access; and
(b) unless special reasons exist, there is only one vehicular access per allotment
or one every 20 metres of road frontage; and
(c) the matters which are the subject of the conditions specified in section 6(2) of
this schedule which are relevant to the installation of the gate or grid can be
adequately addressed by the imposition of those conditions.
(2) The additional criteria for approvals for the installation of a gate and/or grid on a road
are the following –
(a) the owner of the premises accepts the responsibility for the cost to install and
maintain the gate and/or grid; and
(b) the gate and/or grid will not unduly obstruct pedestrian or vehicular traffic;
and
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 54
(c) the gate and/or grid will not prejudice the safety of pedestrian or vehicular
traffic; and
(d) the gate and/or grid will not prejudice the proper maintenance of the road; and
(e) the matters which are the subject of the conditions specified in section 6(2) of
this schedule which are relevant to the installation of the gate or grid can be
adequately addressed by the imposition of those conditions.
(3) Additional criteria for approvals to carry out work or interfere with the operation of a
road other than (1) and (2) include the following –
(a) the work is required to improve traffic or pedestrian safety; and
(b) the work is required as a result of an emergency situation that must be
resolved as soon as possible.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
(1) For approvals to install a vehicular access to premises, the conditions that will
ordinarily be imposed on an approval are that the approval holder must ensure that –
(a) if an allotment is located on a corner–the vehicular access to the premises is
not constructed along the arc of the kerb return into the side street; and
Example for paragraph (a) –
A vehicular access to the premises cannot lie between the tangent points of the turnout arc.
(b) the vehicular access to the premises is –
(i) 600 millimetres clear of stormwater drainage and catchpits; and
(ii) 800 millimetres clear of power poles or light poles; and
(b) the vehicular access is not built over hydrants or other services; and
(c) where a vehicular access is built over a service cover, the cover is
altered and reconstructed to the level of the new driveway; and
(e) the vehicular access is constructed in accordance with the engineering
guidelines adopted by the local government.
(2) For approvals to install or operate gates or grids on a road, the conditions that will
ordinarily be imposed are that the approval holder must ensure that –
(a) the gate or grid, the approaches to the gate or grid are erected and/or installed
in accordance with the following requirements –
(i) a grid or gate must be erected/installed –
(A) at locations approved by the local government; and
(B) as directed by the local government; and
(ii) a grid is constructed at a skew of 1 in 12 to the centreline of the road;
and
(iii) the centre of the grid or gate coincides with the centreline of the road;
and
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 55
(iv) a gate is constructed at right angles to the road centreline; and
(v) the grade of the motor grid conforms to the grade of the road unless
otherwise ordered by the local government; and
(vi) the levels of the grid surface (including crossfalls) are in accordance
with the directions of the local government; and
(vii) when the grid is on a curve, the crossfall conforms to the cant of the
curve; and
(viii) the surface of the grid is 0.5 metres (with a tolerance of 0.1 metre)
above the natural surface of the surrounding country; and
(ix) approach ramps are constructed for the full width of the running surface
of the grid; and
(x) the longitudinal grade of the approach ramps are such that the surface
levels of the ramps deviate from the existing average grade of the road
by not more than 1%; and
(xi) the fill used in the approach ramps is thoroughly compacted and
finished to the satisfaction of the local government; and
(xii) a grid is constructed of steel or concrete and is –
(A) of dimensions not less than 3.66 metres by 1.80 metres; or
(B) of such greater dimensions as may be required by the local
government; and
(xiii) the grid structure, the foundations, the abutment, the approach ramps
and the horizontal and vertical alignment –
(A) are sufficient to guarantee the safe transit of vehicles; and
(B) will not interfere with the natural drainage of the area; and
(xiv) the construction of the grid will allow for the movement of stock by a
suitable gate erected –
(A) beside the grid; and
(B) within the road reserve; and
(xv) sufficient guide posts and rails are provided, as shown on the drawings,
to satisfy road traffic safety requirements at the specific location; and
(xvi) reflectorised grid warning signs which satisfy the requirements of the
Manual of Uniform Traffic Control Devices (Queensland) are provided
at the approaches to the grid in accordance with best traffic safety
practice; and
(b) the gate or grid, the approaches to and the warning signs are maintained to the
standard specified in the local government’s standard specification; and
(c) a sign on which the words “Permitted Public Gate/Grid” are prominently and
permanently displayed is exhibited on a conspicuous part of the structure so
that it can be viewed by members of the public; and
(d) public liability insurance in relation to the gate or grid is taken out and
maintained for an amount not less than $20,000,000 or such an amount as
determined by the local government and which also indemnifies the local
government in respect of any liability arising from the gate or grid; and
(e) a management program is in place, which details how and when the gate or
grid will be monitored and maintained.
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 56
(3) For approvals for installing or operating an electrified grid on a road, the conditions
that will ordinarily be imposed are that the approval holder must ensure that –
(a) the energising unit conforms to international standards and is installed strictly
in accordance with the manufacturer’s requirements; and
(b) grid mats cover –
(i) in the case of sealed roads – a minimum area of 6 metres by 1.8
metres; and
(ii) in the case of other roads – a minimum area of 3.6 metres by 1.8
metres; and
(c) grid mats are placed symmetrically about the centre line of the pavement
unless directed otherwise by the local government; and
(d) mats and mesh are installed in accordance with the manufacturer’s
instructions; and
(e) a sign on which the words “Caution – Electrified” are prominently and
permanently displayed is exhibited on a conspicuous part of the structure so
that it can be viewed by members of the public; and
(f) warning signs W8-1B (Red Triangle), W5-16B (Grid) and W8-Special B
(Caution electrified) are erected on both approaches so that –
(i) the warning signs are not less than 75 metres and not more than 225
metres from the grid; and
(ii) the lateral placement of the warning signs is not less than 2 metres and not
more than 4 metres from the pavement edge; and
(g) a management program is maintained, which details how and when the grid
will be monitored and maintained.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
The term of a renewal of the approval shall be the term stated in the renewal.
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Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 57
CERTIFICATION
This and the preceding 56 pages bearing my initials is a certified copy of Subordinate Local Law No. 1
(Administration) 2015, made in accordance with the provisions of the Local Government Act 2009, by the Noosa
Shire Council by resolution dated _____________ 2015.
__________________________
Brett de Chastel
Chief Executive Officer
Noosa Shire Council
Section 58
Noosa Shire Council
Subordinate Local Law No 2
(Animal Management) 2015
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NOOSA COUNCIL |? ~S§#2———s
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Noosa Shire Council
Subordinate Local Law No 2
(Animal Management) 2015
Rene CULE si 7, TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qlid.gov.auSection 59
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 2
Noosa Shire Council
Subordinate Local Law No. 2 (Animal Management) 2015
Contents
Part 1 Preliminary...........................................................................................4
1 Short title ............................................................................................................. 4
2 Purpose and how it is to be achieved ................................................................. 4
3 Authorising local law ........................................................................................... 4
4 Definitions ........................................................................................................... 4
Part 2 Keeping of animals .............................................................................5
5 Circumstances in which keeping animals prohibited—Authorising local law,
s 5(1) ................................................................................................................... 5
6 Circumstances in which keeping animals requires approval—Authorising local
law, s 6(1) ........................................................................................................... 5
7 Animals that must be desexed—Authorising local law, s 7 ................................ 5
8 Minimum standards for keeping animals—Authorising local law, s 8(1) ............ 5
9 Identification for cats and dogs in certain circumstances—Authorising local law,
s 9 ....................................................................................................................... 5
Part 3 Control of animals ...............................................................................6
10 Public places where animals are prohibited—Authorising local law, s 10(1) ..... 6
11 Dog off-leash areas—Authorising local law, s 11(1) .......................................... 6
12 Animal faeces in public places—Authorising local law, s 13 .............................. 6
13 Requirements for proper enclosures for keeping animals—Authorising local law,
s 14(2) ................................................................................................................. 6
14 Koala conservation—Authorising local law, s 15 ................................................ 6
15 Criteria for declared dangerous animals—Authorising local law, s 19(1) ........... 6
Part 4 Seizure, impounding or destruction of animals ...............................7
16 Place of care for impounded animals—Authorising local law, s 24 .................... 7
17 Animals that may be disposed of without auction or tender—Authorising local
law, s 32(1)(b) ..................................................................................................... 7
18 Register of impounded animals—Authorising local law, s 33(3) ........................ 7
Part 5 Appeals against destruction orders ..................................................7
Part 6 Miscellaneous......................................................................................7
19 Conditions regarding sale of animals—Authorising local law, s 42(1) ............... 7
20 Animals excluded from application of local law—Authorising local law schedule8
Section 60
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 3
21 Species that are declared dangerous animals—Authorising local law, schedule8
22 Prescribed period for reclaiming animals—Authorising local law, schedule ...... 8
Schedule 1 Prohibition on keeping animals .........................................................9
Schedule 2 Requirement for approval to keep animal…………………………… 10
Schedule 3 Requirement to desex animal ..........................................................11
Schedule 4 Minimum standards for keeping animals generally .......................12
Schedule 5 Minimum standards for keeping particular animals ......................13
Schedule 6 Prohibition of animals in public places ...........................................14
Schedule 7 Part 1 Dog off-leash areas ................................................................15
Part 2 Dog on leash areas………………………………………………28
Schedule 8 Requirements for proper enclosures for animals ..........................31
Schedule 9 Requirements for keeping a dog in a koala area ............................32
Schedule 10 Koala areas ........................................................................................33
Schedule 11 Criteria for declared dangerous animals.........................................35
Schedule 12 Conditions for sale of animals .........................................................36
Section 61
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 4
Part 1 Preliminary
1 Short title
This subordinate local law may be cited as Subordinate Local Law No. 2 (Animal
Management) 2015.
2 Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Local Law No. 2
(Animal Management) 2015, which provides for regulation of the keeping and
control of animals within the local government’s area.
(2) The purpose is to be achieved by providing for—
a) the circumstances in which the keeping of animals is prohibited or requires
approval; and
b) requirements for keeping animals, including minimum standards, mandatory
desexing, proper enclosures, koala conservation and identification; and
c) the control of animals in public places; and
d) matters regarding the impounding of animals and the sale or disposal of
impounded animals; and
e) the conditions to be complied with by persons who offer animals, or a
particular species of animals, for sale; and
f) the declaration of a species of animal as a declared dangerous animal and
the criteria for declaration of a specific animal as a declared dangerous
animal.
3 Authorising local law
The making of the provisions in this subordinate local law is authorised by Local
Law No. 2 (Animal Management) 2015 (the authorising local law).
4 Definitions
Particular words used in this subordinate local law have the same meaning as
provided for in the authorising local law except the following:
“urban area” - means the towns, residential areas and villages within the local
government area.
“effective control” – an animal is regarded as being under effective control of a
person only if –
(a) the animal is secured and restrained by a leash held by a person who has
sufficient strength to control the animal; or
(b) the animal has been tethered to a fixed object by a person and that person
is in close proximity and able to control the animal with verbal
command; or
Section 62
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 5
(c) the animal is off leash in a designated off leash area and the person is
able to demonstrate to the satisfaction of an authorised officer that the
animal is immediately responsive to the person’s commands.
Part 2 Keeping of animals
5 Circumstances in which keeping animals prohibited—Authorising local
law, s 5(1)
For section 5(1) of the authorising local law, keeping an animal or animals
mentioned in column 1 of schedule 1 is prohibited in the circumstances described
in column 2 of schedule 1.
6 Circumstances in which keeping animals requires approval—Authorising
local law, s 6(1)
For section 6(1) of the authorising local law, keeping an animal or animals of the
species or breed mentioned in column 1 of schedule 2 requires approval in the
circumstances described in column 2 of schedule 2.
7 Animals that must be desexed—Authorising local law, s 7
For section 7 of the authorising local law, an animal of the species or breed
mentioned in column 1 of schedule 3 must be desexed once it reaches the age
specified in column 2 of schedule 3 except in the circumstances described in
column 3 of schedule 3.
8 Minimum standards for keeping animals—Authorising local law, s 8(1)
(1) For section 8(1) of the authorising local law, the minimum standards for the
keeping of animals are set out in schedule 4.
(2) For section 8(1) of the authorising local law, column 2 of schedule 5 sets out the
minimum standards for keeping an animal of the species or breed mentioned in
column 1 of schedule 5.
9 Identification for dogs in certain circumstances—Authorising local law, s 9
For section 9 of the authorising local law, the identification required for a dog that
is at a place other than the address stated in the registration notice for the dog is
the registration device mentioned in section 12(3) of the Animal Management
(Cats and Dogs) Act 2008.
Section 63
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 6
Part 3 Control of animals
10 Public places where animals are prohibited—Authorising local law, s 10(1)
For section 10(1) of the authorising local law, the species or breeds of animals
mentioned in column 2 of schedule 6 are prohibited in the public places described
in column 1 of schedule 6.
11 Dog off-leash areas—Authorising local law, s 11(1)
For section 11(1) of the authorising local law, the areas described in schedule 7,
Part 1 and the corresponding maps are designated as dog off-leash areas. The areas
described in Schedule 7, Part 2 and the corresponding maps are designated as
specific dog on leash areas.
12 Animal faeces in public places—Authorising local law, s 13
For section 13 of the authorising local law, no other species of animal is prescribed
as an animal whose faeces must be removed from a public place and disposed of in
a sanitary way.
13 Requirements for proper enclosures for keeping animals—Authorising
local law, s 14(2)
For section 14(2) of the authorising local law, column 2 of schedule 8 sets out the
requirements for proper enclosures for an animal of the species or breed mentioned
in column 1 of schedule 8.
14 Koala conservation—Authorising local law, s 15
(1) For section 15(1) of the authorising local law, schedule 9 sets out the requirements
for keeping a dog on land that is within a koala area.
(2) For section 15(4) of the authorising local law, each area described in schedule 10
is designated as a koala area.
15 Criteria for declared dangerous animals—Authorising local law, s 19(1)
For section 19(1) of the authorising local law, the criteria for declaring an animal
as a declared dangerous animal are set out in schedule 11.
Section 64
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 7
Part 4 Seizure, impounding or destruction of
animals
16 Place of care for impounded animals—Authorising local law, s 24
For section 24 of the authorising local law, the place of care for animals
impounded by the local government will be the local government animal pound
operated under agreement by the RSPCA on behalf of the local government.
17 Animals that may be disposed of without auction or tender—Authorising
local law, s 32(1)(b)
For section 32(1)(b) of the authorising local law, the species, breeds or classes of
animal that may be sold by private agreement, destroyed or disposed of in some
other way are the following—
a) dogs; and
b) cats; and
c) other small domestic animals; and
d) birds; and
e) stock.
18 Register of impounded animals—Authorising local law, s 33(3)
For section 33(3) of the authorising local law, the register of impounded animals
will be kept at the local government’s animal impound facility, Hollett Road,
Doonan.
Part 5 Appeals against destruction orders
This part in the authorising local law does not contain any matters to be provided
for by subordinate local law.
Part 6 Miscellaneous
19 Conditions regarding sale of animals—Authorising local law, s 42(1)
For the purposes of section 42(1) of the authorising local law, persons who offer
an animal for sale of a species or breed mentioned in column 1 of schedule 12
must comply with the conditions set out in column 2 of schedule 12.
Section 65
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 8
20 Animals excluded from application of the local law—Authorising local law,
schedule
For the purposes of the definition of “animal” in the schedule to the authorising
local law, animals other than dogs, cats, birds, other domestic animals and stock
are excluded from the application of the authorising local law.
21 Species that are declared dangerous animals—Authorising local law,
schedule
For the purposes of the definition of “declared dangerous animal” in the schedule
to the authorising local law, no species of animal is a declared dangerous animal.
22 Prescribed period for reclaiming animals—Authorising local law, schedule
For the purposes of the definition of “prescribed period” in the schedule to the
authorising local law, the period within which an animal may be reclaimed is 3
days for all animals.
Section 66
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 9
Schedule 1 Prohibition on keeping animals
Section 5
Column 1 Column 2
Animal Circumstances in which keeping of animal or animals is
prohibited
Restricted Dog The following breeds are prohibited anywhere in the local
government area;
(a) American pit bull terrier or pit bull terrier;
(b) Dogo Argentino;
(c) Fila Brasileiro;
(d) Japanese Tosa; and
(e) Perro de Presa Canario or Presa Canario).
Livestock (except a Keeping livestock, in an urban area is prohibited.
sheep or a goat)
Poultry Keeping a rooster in an urban area is prohibited.
Pig Keeping a pig in an urban area is prohibited.
Section 67
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 10
Schedule 2 Requirement for approval to keep animal
Section 6
Column 1 Column 2
Species or breed of Circumstances in which keeping of animal or animals requires
animal approval1
Dog Approval is required to keep 3 or more dogs over the age of 3
months in the local government area.
Cat Approval is required to keep 3 or more cats over the age of 3
months in the local government area.
Horse or donkey Approval is required to keep a horse or a donkey on land less
than 8,000m2 in an urban area.
Approval is required to keep a sheep or a goat on land less than
4,000m2 in an urbane area.
Sheep or goat
Poultry a) Approval is required to keep more than 6 poultry in an
urban area on allotments less than 1000 m2
b) Approval is required to keep more than 12 poultry in an
urban area on an allotment greater than 1000 m2
1
See Local Law No.1 (Administration) 2015 and Subordinate Local Law No.1 (Administration) 2015 in relation
to the requirements and processes for approvals (e.g. form of application for approval, documents and materials
that must accompany applications, criteria for granting approval, conditions that must be imposed on approvals,
conditions that will ordinarily be imposed on approvals, term of approval, third party certification of
applications).
Section 68
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 11
Schedule 3 Requirement to desex animal
Section 7
Column 1 Column 2 Column 3
Species or breed Age at which animal must be Exemptions to the
of animal desexed requirement for desexing
No species or
breed of animal
has been
identified that is
required to be
desexed.
Section 69
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 12
Schedule 4 Minimum standards for keeping animals
generally
Section 8(1)
A person who keeps an animal on any premises must ensure that the animal does not –
a) cause a nuisance by making excessive noise that disrupts or inhibits any
normal activity that is ordinarily carried out in nearby properties; or
b) cause a loss of amenity:
(i) by creating an odour that affects the liveability, health and safety of
members of the community; or
(ii) by creating a reasonable apprehension in the minds of others of a
significant risk to the health & safety of people and other animals
by allowing the animal to stray from the property; or
(iii) act aggressively towards a person or another animal.
A person who keeps an animal on any premises must also –
a) ensure the animal is adequately identified so the owner’s name, address
and telephone number can be readily ascertained; and
b) ensure the enclosure in which the animal is kept is cleaned regularly and
any waste is disposed of in such a manner so as not to create a nuisance;
and
c) Ensure the enclosure is kept in a clean and sanitary condition at all times.
A nuisance occurs if in the opinion of an authorised officer there is sufficient evidence to
support the observation that other people are being affected by the activity of the offending
animal or keeper.
Example of a nuisance –
Noise caused by an animal that disrupts a person;
a) Holding a conversation, or
b) Sleeping, or
c) Watching television.
An odour caused as a result of keeping an animal;
a) Where the enclosure has not been cleaned regularly, and/or
b) Where the waste is not disposed of in an acceptable manner.
Section 70
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 13
Schedule 5 Minimum standards for keeping particular
animals
Section 8(2)
Column 1 Column 2
Species or Minimum standards for keeping animals
breed of animal
A dog or cat must be contained within a property and not permitted to stray
from that property –
Dog or cat
(a) an enclosure use to contain a dog or cat must be constructed of strong
materials and designed in such a way so as to prevent the dog or cat
from –
i) escaping over, under, through or around the enclosure; and
ii) protruding over, under, through or around the enclosure; and
iii) attacking or threatening to attack a person over, under, through
or around the enclosure; and
(b) the enclosure must contain adequate shelter;
(c) the enclosure’s gates must be closed and latched except when in actual
immediate use.
(d) a dog or cat must be under effective control when not on private
property.
Poultry must be contained within the property and not permitted to stray -
Poultry a) a cage or pen must be of a suitable size and standard to effectively
contain poultry so they do not cause a nuisance;
b) the location of the enclosure must not be within 10 metres of a
residential building on an adjoining property;
c) the amenity of neighbouring properties must not be affected;
d) food must be kept in a sealed, vermin proof container.
Horses and donkeys must be contained on the property and not permitted to
Horse or donkey stray -
a) a stable or shelter must be of a suitable size and standard to effectively
contain a horse or donkey so they do not cause a nuisance;
b) the location of the stable/shelter must not be within 10 metres of a
residential building on an adjoining property;
c) the amenity of neighbouring properties must not be affected;
d) food must be kept in a sealed, vermin proof container.
Section 71
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 14
Schedule 6 Prohibition of animals in public places
Section 10
Column 1 Column 2
Public place Species or breed of animals prohibited
All Bathing Reserves within the local All animals.
government area.
Noosa North Shore - the resident and All animals.
migratory shorebirds habitat area.
Refer to Subordinate Local Law 4,
schedule 3 (map).
The beach foreshore area at the
Noosa river mouth; adjacent to the
area known as the frying pan and
extending over the entire sand area;
as identified by signs and barriers.
Girraween Sports Complex, Noosa All animals.
Heads – Criterion Cycle Track.
Section 72
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 15
Schedule 7 Part 1 - Dog off-leash areas
Section 11
Column 1 Column 2 Column 3
Type of public place Description of dog off leash area Map number
Park Cooroora Creek Park, Pomona – all of the park SLL2.7(1).1
area.
Park Kauri Park, Cooroy – all of the park area. SLL2.7(1).2
Park Sports & Recreation ground, Boreen Point – as SLL2.7(1).3
signed.
Foreshore Reserve The foreshore adjacent to Uranga Parade, SLL2.7(1).3
Boreen Point - between the end of the road near
the boat ramp and Woongar street.
Park Heritage Park, Tewantin – access from Griffith SLL2.7(1).4
Ave near Parkview Crt as signed.
Park Alec Loveday Park, Tewantin - access from SLL2.7(1).5
Hooper Crescent or Outlook Drive as signed.
Park Shorehaven Drive, Noosaville – between SLL2.7(1).6
Seacove Street and Shipwright Avenue, Noosa
Waters.
Park/foreshore Weyba Creek Foreshore Park, Noosaville – SLL2.7(1).7
between Lake Weyba Drive and the AFL ground.
Park Alec Dan Park, Noosa Heads –as signed. SLL2.7(1).8
Reserve Noosa Spit Reserve, Noosa Heads – access from SLL2.7(1).9
Claude Batten Drive between the Woods Park
and the river mouth.
Park Rainbow Park, Sunrise Beach –all of the park. SLL2.7(1).10
Beach Marcus Beach from access 38 to access 47 SLL2.7(1).11
Park Di Hurst Oval, Peregian Beach- all of the park. SLL2.7(1).12
Section 73
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 16
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 16
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 17
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 17
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 18
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 18
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 19
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 19
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 20
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 20
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 21
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 21
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 22
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 22
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 23
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 23
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 24
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 24
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 25
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 25
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Scale: 1:1,500Section 83
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 26
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 26
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 27
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 27
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 28
Schedule 7 Part 2 - Dog on-leash areas
Section 11
Column 1 Column 2 Column 3
Type of public place Description of dog on leash area Map number
Beach North Sunshine Beach access 28 (The SLL2.7(2).1
Esplanade) to Noosa National Park.
Beach Peregian Beach between access 60 (Piper SLL2.7(2).2
Street) and access 67 (Pitta Street) Peregian
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All Public Places All roads, parks, reserves and other places No map included.
except where a sign open to and used by the public as of right
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Subordinate Local
Law.
Section 86
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 29
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 29
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Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 30
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 30
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‘, ha : — .Section 88
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 31
Schedule 8 Requirements for proper enclosures for
animals
Section 13
Column 1 Column 2
Species or breed of Requirements for proper enclosures
animal
A suitable enclosure must –
All animals regardless of (a) be constructed of materials which are of sufficient
species or breed. strength to –
(i) restrain the types of animals contained
within the area of the enclosure; and
(ii) stop the animals from escaping over,
under, through or around the enclosure.
(b) if the enclosure includes a gate the gate must be
kept closed and latched except when in immediate
use by a person entering or leaving the enclosure.
(c) where the animal has the ability to dig, a barrier
must be installed directly below the fence to prevent
the animal digging its way out; and
(d) where the animal has the ability to climb the
enclosure must be designed and constructed in such
a way as to prevent the animal from climbing over
the enclosure.
Section 89
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 32
Schedule 9 Requirements for keeping a dog in a koala
area
Section 14(1)
Dogs must be kept in accordance with the conditions imposed in this subordinate local law.
There are no additional requirements for keeping a dog in a koala area.
Section 90
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 33
Schedule 10 Koala areas2
Section 14(2)
Koala Habitat Area mapping can be found online via the Queensland Government online
mapping webpage. The map below identifies a section of the Noosa Shire Council koala area.
Check the link below for all of the Noosa Shire Koala areas.
http://www.ehp.qld.gov.au/wildlife/koalas/mapping/documents/spp-values/spp-habitat-
values-map04.pd
2
“Koala areas” under section 15(4) of the authorising local law comprise the areas designated in this schedule
plus “koala habitat areas” designated by a State planning instrument or a conservation plan made under the
Nature Conservation Act 1992..
Section 91
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 34
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 34
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A Re Oe ea eT alah BS ee Government]Section 92
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 35
Schedule 11 Criteria for declared dangerous animals
Section 15
The criteria for declaring an animal as a declared dangerous animal can be found in Chapter 4
of the Animal Management (cats & dogs) Act 2008.
Section 93
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 36
Schedule 12 Conditions for sale of animals
Section 19
Column 1 Column 2
Species or breed of Conditions that must be complied with when offering
animal animal for sale
Any person selling a dog or cat must comply with the
following –
Any dog or any cat
(a) hold a current membership with a recognised dog or cat
breeding association; example – Dogs Qld (formally CCCQ), Cats
Qld, Qld Feline Assoc, Feline Control Council of Qld etc;
(b) have all relevant licences or permits required under
state legislation to breed and sell dogs or cats; and
(c) register with the local government as a breeder, selling
dogs or cats; and
(d) all dogs and cats sold must be vaccinated and treated
for worms; and
(e) all dogs and cats sold must be micro-chipped in
accordance with Chapter 2, Part 1, Division 1 of the
Animal Management (cats & dogs) Act 2008; and
(f) dogs and cats given away must comply with conditions
(d) & (e) above.
Section 94
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015 37
CERTIFICATION
This and the preceding 36 pages bearing my initials is a certified copy of Subordinate Local Law No. 2 (Animal
Management) 2015, made in accordance with the provisions of the Local Government Act 2009, by the Noosa
Shire Council by resolution dated _____________ 2015.
__________________________
Brett de Chastel
Chief Executive Officer
Noosa Shire Council
Section 95
Noosa Shire Council
Subordinate Local Law No 3
(Community and Environment
Management) 2015
gaa. aah gE ae ee ere ae. "2 Sains ae ;
: ees AOS EE ee Meee pe ae , a ue RENE rf : ay
Nr BNOLOT ROOLON CCUM (ees eM ae
Se nla a a ble SSS! a ae
Sac a ale a ne 4 Re Uk Eee
Rass Fe a eg a See
Noosa Shire Council
Subordinate Local Law No 3
(Community and Environment
Management) 2015
NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]
ABN: 97 969 214 121 TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qlid.gov.auSection 96
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environment Management) 2015 2
Noosa Shire Council
Subordinate Local Law No. 3 (Community and Environment
Management) 2015
Contents
Part 1 Preliminary...........................................................................................3
1 Short title ............................................................................................................. 3
2 Purpose and how it is to be achieved ................................................................. 3
3 Authorising local law ........................................................................................... 3
4 Definitions ........................................................................................................... 3
Part 2 Declared local pests ...........................................................................3
5 Declaration of local pests—Authorising local law, s 6(1) .................................... 3
6 Persons exempted from introducing etc a declared local pest—Authorising local
law, s 12(2) ......................................................................................................... 4
Part 3 Overgrown and unsightly allotments ................................................4
Part 4 Fires and fire hazards .........................................................................4
7 Prohibition on lighting or maintaining fires—Authorising local law, s 15(2) ........ 4
8 Fire hazards—Authorising local law, s 16(3)(b) ................................................. 4
Part 5 Community safety hazards.................................................................5
9 Community safety hazards—Authorising local law, s 17(c) ............................... 5
10 Prescribed requirements for community safety hazards—Authorising local law,
s 20(1) ................................................................................................................. 5
Part 6 Noise standards ..................................................................................5
11 Prescribed noise standards—Authorising local law, s 21(2) .............................. 5
Part 7 Miscellaneous......................................................................................5
Schedule 1 Declared local pests ...........................................................................6
Schedule 2 Persons exempted from offence of introducing etc declared local
pest .................................................................................................6
Schedule 3 Prohibited fires ....................................................................................7
Schedule 4 Prescribed requirements for community safety hazards ................8
Schedule 5 Prescribed noise standards .............................................................10
Section 97
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environment Management) 2015 3
Part 1 Preliminary
1 Short title
This subordinate local law may be cited as Subordinate Local Law No. 3
(Community and Environment Management) 2015.
2 Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Local Law No. 3
(Community and Environment Management) 2015, which provides for protecting
the environment and public health, safety and amenity within the local
government’s area.
(2) The purpose is to be achieved by providing for—
(a) declaration of local pests; and
(b) prohibition of lighting or maintaining certain fires; and
(c) declaration of fire hazards; and
(d) declaration of community safety hazards; and
(e) prescribed requirements for owners of land containing community safety
hazards; and
(f) declaration of noise standards.
3 Authorising local law
The making of the provisions in this subordinate local law is authorised by Local
Law No. 3 (Community and Environment Management) 2015 (the authorising
local law).
4 Definitions
Particular words used in this subordinate local law have the same meaning as provided
for in the authorising local law except the following:
“urban area” - means the towns, residential areas and villages within the local
government area.
Part 2 Declared local pests
5 Declaration of local pests—Authorising local law, s 6(1)
For section 6(1) of the authorising local law, the animal or plant prescribed in
column 2 of schedule 1 is a declared pest in the corresponding part of the local
government’s area mentioned in column 1 of schedule 1.
Section 98
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environment Management) 2015 4
6 Persons exempted from introducing etc a declared local pest—
Authorising local law, s 12(2)
For section 12(2) of the authorising local law, a person mentioned in column 1 of
schedule 2 is exempt from section 12(1) of the authorising local law in relation to
introducing, propagating, breeding or providing harbour to a declared local pest
mentioned in the corresponding part of column 2 of schedule 2.
Part 3 Overgrown and unsightly allotments
This part in the authorising local law does not contain any matters to be provided
for by subordinate local law.
Part 4 Fires and fire hazards
7 Prohibition on lighting or maintaining fires—Authorising local law, s 15(2)
(1) This section applies to all fires including but not limited to the following fires1—
(a) a fire in which neither the height, width nor length of the material to be
burnt exceeds 2 metres;
(b) a fire lit for the purpose of burning the carcass of a beast;
(c) a fire lit at a sawmill or another place where wood milling occurs for the
purpose of burning sawdust or other residue resulting from the operation of
a sawmill;
(d) a fire lit out-doors, if enclosed in a fireplace so constructed as to prevent the
escape of fire or any burning material therefrom.
(2) For section 15(2) of the authorising local law, lighting or maintaining a fire
described in column 2 of schedule 3 is declared to be prohibited in the
corresponding part of the local government’s area mentioned in column 1 of
schedule 3.
8 Fire hazards—Authorising local law, s 16(3)(b)
For section 16(3)(b) of the authorising local law, the following are declared to be
fire hazards—
(a) live cinders or hot ash that is not enclosed in a fireplace so constructed as to
prevent the escape of cinders or ash;
(b) a substantial accumulation of grass clippings that is liable to spontaneous
1
Pursuant to a notification by the Fire and Rescue Services Commissioner published in the gazette on 6 August
2004 under section 63 of the Fire and Emergency Service Act 1990, the listed fires can generally be lit without a
permit issued by a fire warden, provided adequate precautions are taken to prevent the spread of fire and the fire
confirms with any local law. Local laws can therefore regulate these types of fire, which is the purpose of this
subordinate local law.
Section 99
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environment Management) 2015 5
combustion;
(c) dry vegetation that could be easily ignited or other flammable materials.
Part 5 Community safety hazards
9 Community safety hazards—Authorising local law, s 17(c)
For section 17(c) of the authorising local law, the following are declared to be
community safety hazards—
(a) barbed wire fencing adjoining a public park or reserve or located in an
urban area.
(b) electric fences adjoining public land.
(c) smoke emitted into the atmosphere in urban areas that causes a nuisance.
(d) rental accommodation that does not meet community health standards.
(e) self-contained RV stops, camping grounds and accommodation parks
that do not meet community health standards.
10 Prescribed requirements for community safety hazards—Authorising local
law, s 20(1)
For section 20(1) of the authorising local law, a responsible person for a
community safety hazard listed in column 1 of schedule 4 must meet the
requirements prescribed in the corresponding part of column 2 of schedule 4.
Part 6 Noise standards
11 Prescribed noise standards—Authorising local law, s 21(2)
(1) For section 21(2) of the authorising local law, the noise standard in column 2 of
schedule 5 is prescribed for the section of the Environmental Protection Act 1994,
chapter 8, part 3B, division 3 stated in column 1 of schedule 5.
(2) For section 21(2) of the authorising local law, the noise standard in column 2 of
schedule 5 applies in the corresponding part of the local government’s area
mentioned in column 3 of schedule 5.
Part 7 Miscellaneous
This part in the authorising local law does not contain any matters to be provided
for by subordinate local law.
Section 100
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environment Management) 2015 6
Schedule 1 Declared local pests
Section 5
Column 1 Column 2
Applicable part of local government’s Declared local pest
area
The entire local government area There are no additional declared pests
identified in this local law. Pests are
regulated under the Pest Management
Act 2001.
Schedule 2 Persons exempted from offence of
introducing etc declared local pest
Section 6
Column 1 Column 2
Exempt person Declared local pest
There are no persons identified as being There are no additional declared pests
exempt under this local law. Pests are identified in this local law.
regulated under the Pest Management
Act 2001.
Section 101
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environment Management) 2015 7
Schedule 3 Prohibited fires
Section 7(2)
Column 1 Column 2
Applicable part of local government’s Prohibited fire
area
(a) any fire used for domestic heating or
All urban areas within the local
cooking purposes, unless the
government area.
appliance used complies with the
following Standards –
(ii) AS/NZS 4012:2014 Domestic
solid fuel burning appliances
– method for determination of
power output and efficiency;
and
(iii)AS/NZS 4013:2014 Domestic
solid fuel burning appliances
– method for determination of
flue gas emission; and
(b) any wood contaminated with paint,
oil, preservatives or other
contaminates that are likely to affect
the air quality are not to be used as
fuel in a fire.
(c) any other type of fire on private
property.
The entire local government area other (a) any fire unless a permit has been
than an urban area. issued by an approving authority for
the fire.
All local government controlled parks, (a) a fire that is not in a fireplace or
reserves and roads. barbeque that is constructed or
approved by the local government.
Section 102
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environment Management) 2015 8
Schedule 4 Prescribed requirements for community
safety hazards
Section 10
Column 1 Column 2
Community safety hazard Prescribed requirements to be met by
owner of land
Barbed wire fencing. (a) barbed wire in urban areas must not
be used as a boundary fence.
However it can be used for an
additional extension (as a security
measure) to an existing fence where
the barbed wire is at least 2 metres
off the ground at all locations.
(a) the fence must be installed, operated
Electric fencing.
and maintained in accordance with
AS/NZS 3014:2003.
(b) where the fence is installed for
security purposes it must be installed,
operated and maintained in
accordance with AS/NZS 3016:2002.
(c) where the fence adjoins any road or
public land, warning signs of a size
that can be read from a distance of 5
metres must be fixed at 5 metre
intervals along the fence.
(d) the fence must be either –
(ii) situated at least 1.5 metres inside
another fence located on or within
the boundary of the property; or
(iii)installed such that if the fencing
forms part of the boundary of the
land the lowest point of the
fencing capable of imparting an
electric shock when touched is at
least 2 metres in height.
Objects or materials including roof (a) any materials not fixed to a structure
sheeting, guttering and sheet metal that in must be secured, weighted down or
the opinion of an authorised officer, is tied to prevent such material from
likely to become airborne in periods of becoming airborne during high
high wind resulting in personal or winds.
property damage.
Section 103
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environment Management) 2015 9
A smoke nuisance caused as a result of a (a) anyone installing and using a
fire; either approved or not, that may domestic heating and/or cooking
cause interference with the health of any appliance that burns wood must
person or causes breathing difficulties to comply with the Australian Standards
any person. relevant to the appliance.
(b) if in the opinion of an authorised
officer a smoke nuisance occurs, the
appliance that created the smoke
nuisance must not be used until the
person responsible for the appliance
has provided the local government
with proof that the appliance meets
the appropriate standards and is not
causing a nuisance to neighbours.
(c) wood, with low moisture content,
suitable for burning and free from
contaminants may only be used as
fuel in a domestic heating or cooking
appliance. Proof that wood is not
contaminated with paint, oil, or any
other contaminants must be provided
by the owner to an authorised officer
if requested.
(a) the person responsible for the rental
accommodation premises, must
All rental accommodation.
ensure the property is free from: –
bed bugs, lice, fleas and other such
parasites and insects that are likely to
cause an inconvenience or impact on
the health of a person staying at the
accommodation;
(b) accommodation must be maintained
in a clean, sanitary and tidy state, so
as to promote healthy living. Matters
that could affect this include: –
mildew, mould, dampness, dirty
linen, poor quality furniture and
fittings.
All self-contained RV stops, camping (a) the person responsible for the self-
grounds and accommodation parks. contained RV stop, camping ground
or accommodation park must ensure
the premises is kept in a clean, tidy
and sanitary condition to prevent any
thing that is likely to give rise to a
community health concern.
Section 104
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environment Management) 2015 10
Schedule 5 Prescribed noise standards
Section 11
Column 1 Column 2 Column 3
Section of the Prescribed noise standard Applicable part of local
Environmental government’s area
Protection Act 1994,
chapter 8, part 3B,
division 3
There has been no
additional noise standard
prescribed under this local
law. Noise standards are
regulated under the
Environmental Protection
Act 1994.
CERTIFICATION
This and the preceding 9 pages bearing my initials is a certified copy of Subordinate Local Law No. 3
(Community and Environment Management) 2015, made in accordance with the provisions of the Local
Government Act 2009, by the Noosa Shire Council by resolution dated _____________ 2015.
__________________________
Brett de Chastel
Chief Executive Officer
Noosa Shire Council
Section 105
Noosa Shire Council
Subordinate Local Law No 4
(Local Government Controlled Areas,
Facilities and Roads) 2015
Section 106
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 2
Noosa Shire Council
Subordinate Local Law No. 4 (Local Government Controlled
Areas, Facilities and Roads) 2015
Contents
Part 1 Preliminary...........................................................................................3
1 Short title ............................................................................................................. 3
2 Purpose and how it is to be achieved ................................................................. 3
3 Authorising local law ........................................................................................... 3
4 Definitions ........................................................................................................... 3
Part 2 Use of local government controlled areas, facilities and roads ......3
5 Prohibited and restricted activities—Authorising local law, s 5(1) ...................... 3
6 Motor vehicle access in local government controlled areas—Authorising local
law, s 6(1)(b) ....................................................................................................... 4
7 Prohibited vehicles—Authorising local law, s 6(3) .............................................. 4
8 Opening hours for local government controlled areas—Authorising local law,
s 7(1) ................................................................................................................... 4
9 Permanent closure of local government controlled area—Authorising local law,
s 8(3) ................................................................................................................... 4
Part 3 Matters affecting roads .......................................................................4
10 Notice requiring owner of land adjoining road to fence land—Authorising local
law, s 9(3) ........................................................................................................... 4
Schedule 1 Part 1 Prohibited activities for local government controlled areas
or roads ................................................................................................5
Part 2 Definitions of Prohibited Advertising Devices………………7
Schedule 2 Restricted activities for local government controlled areas or
roads .................................................................................................8
Schedule 3 Motor vehicle access areas in local government controlled areas11
Schedule 4 Opening hours for local government controlled areas ..................14
Schedule 5 Permanent closure of local government controlled areas ............15
Section 107
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 3
Part 1 Preliminary
1 Short title
This subordinate local law may be cited as Subordinate Local Law No. 4 (Local
Government Controlled Areas, Facilities and Roads) 2015.
2 Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Local Law No.4 (Local
Government Controlled Areas, Facilities and Roads) 2015 in order to protect the
health and safety of persons using local government controlled land, facilities,
infrastructure and roads and also to preserve features of the natural and built
environment.
(2) The purpose is to be achieved by providing for the—
(a) regulation of access to local government controlled areas; and
(b) prohibition or restriction of particular activities in local government
controlled areas or roads.
3 Authorising local law
The making of the provisions in this subordinate local law is authorised by Local
Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 (the
authorising local law).
4 Definitions
Particular words used in this subordinate local law have the same meaning as
provided for in the authorising local law.
Part 2 Use of local government controlled areas,
facilities and roads
5 Prohibited and restricted activities—Authorising local law, s 5(1)
(1) For section 5(1)(a) of the authorising local law, the activities prescribed in column
2 of schedule 1 are declared to be prohibited in the local government controlled
area or road mentioned in column 1 of schedule 1.
(2) For section 5(1)(b) of the authorising local law, the activities prescribed in column
2 of schedule 2 are declared to be restricted in the local government controlled
area or road mentioned in column 1 of schedule 2, to the extent described in
column 3 of schedule 2.
Section 108
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 4
6 Motor vehicle access in local government controlled areas—Authorising
local law, s 6(1)(b)
For section 6(1)(b) of the authorising local law, the areas prescribed in column 1
of schedule 3 are declared to be motor vehicle access areas.
7 Prohibited vehicles—Authorising local law, s 6(3)
For section 6(3) of the authorising local law, the specific types of motor vehicle
prescribed in column 2 of schedule 3 are declared to be prohibited vehicles in the
corresponding specified motor vehicle access area in column 1 of schedule 3.
8 Opening hours for local government controlled areas—Authorising local
law, s 7(1)
For section 7(1) of the authorising local law, the times prescribed in column 2 of
schedule 4 are declared to be the opening hours for the local government
controlled areas mentioned in column 1 of schedule 4.
9 Permanent closure of local government controlled area—Authorising local
law, s 8(3)
For section 8(3) of the authorising local law, the local government controlled areas
described in schedule 5 are permanently closed to public access.
Part 3 Matters affecting roads
10 Notice requiring owner of land adjoining road to fence land—Authorising
local law, s 9(3)
For section 9(3) of the authorising local law, the minimum standards for a fence
that is the subject of a compliance notice under section 9(2) of the authorising
local law are as follows—
(a) The fence must be constructed of materials which are of sufficient strength
to –
(i) Restrain the types of animals contained within the area adjacent to the
fence; and
(ii) Stop the animals from escaping over, under, through or around the
fence; and
(b) If the fence includes a gate the gate must be kept closed and latched except
when in immediate use by a person entering or leaving the area adjacent to
the fence.
Section 109
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 5
Schedule 1 Part 1 - Prohibited activities for local
government controlled areas or roads
Section 5(1)
Column 1 Column 2
Local government controlled Prohibited activity
area or road
All local government controlled (a) Remove any turf, sand, clay, soil or other material;
parks, reserves and roads within (b) Damage or wilfully misuse any asset;
the local government area.
(c) Contravene a sign prohibiting fishing, diving or
jumping from, or on, a bridge, structure or building;
(d) Advertise a vehicle including a trailer, caravan, boat,
motorbike for sale or hire;
(e) Tout for business;
(f) Display a prohibited advertising device (listed in
schedule 1 part 2);
(g) Engage in conduct that in an authorised person’s
opinion is dangerous or creates a risk to the safety of
members of the public;
(h) Repair a vehicle/vessel except in an emergency;
(i) Drive a vehicle on areas other than those set aside for
driving or parking a vehicle, emergency service
vehicles exempt;
(j) Play golf other than putting;
(k) Park, stand or leave an unregistered vehicle on a local
government controlled area;
(l) Store a vessel on a local government area;
(m) Park, stand or leave a vehicle where the primary
purpose is to display an advertising device.
All roads within the local (a) Damage a road, sign or a structure associated with a
government area. road;
(b) Offer goods and services for sale without the approval
of the local government or another relevant authority;
The following Sports complex; (a) Allow a dog onto the Criterion cycle track;
Girraween. (b) Allow a vehicle onto the criterion cycle track, except
an emergency services vehicle.
Section 110
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 6
All Local Government Distribute or place any handbill, circular, sign or
Cemeteries. advertisement.
All local government controlled Smoking within 5 meters from a bus stop or within a
bus stops. bus stop facility.
Arcadia Street Pedestrian Mall Smoking in the mall.
Noosa Heads.
The following caravan parks– (a) Disposing of liquid waste other than in an approved
dump point provided for that purpose;
(1) Noosa River
(b) Occupy a site for more than six weeks consecutively
(2) Noosa North Shore
unless approved by the local government to remain
(3) Boreen Point for a maximum 90 days;
All local Government controlled (a) Moor a vessel permanently at a pontoon or jetty;
pontoons, jetties and boat ramps, (b) Place anything at, alongside or near a pontoon, boat
including State Government ramp or jetty, in a manner that obstructs or interferes
assets managed by Council. with the safe use of any pontoon, jetty or boat ramp;
(c) Allow a vehicle, person, animal or other thing to
obstruct or interfere with the access to the shore
entrance of a pontoon, jetty or boat ramp;
(d) Place, leave, deposit, cast or discharge any material,
object or substance on a pontoon, jetty or boat ramp
that is likely to obstruct or interfere with the use of the
pontoon, jetty or boat ramp or pollute or litter the
surrounding area;
(e) Light a fire on a pontoon, jetty or boat ramp;
(f) Camp or sleep overnight on a pontoon, jetty or boat
ramp;
(g) Fish in such a manner as to obstruct or impede
vessels, vehicles or pedestrians accessing the pontoon,
jetty or boat ramp;
Section 111
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 7
Schedule 1 Part 2 - Definitions of Prohibited
Advertising Devices.
Section 5(1)
For the purpose of this subordinate local law the following advertising devices are prohibited on local
government controlled land or on land where they can be viewed from a local government controlled
area.
Animated signs. Any advertising device with movement, flashing or colour changes
requiring electrical or manufactured sources of power.
Billboards. Any devices larger than 4m2 except where approved by Council.
Bunting. String flaps or any device consisting of a string of coloured material, secured so as to
allow movement caused by the atmosphere.
Development – Construction Site Hoarding. Any material including shade cloth used as
advertising attached to perimeter fencing of a development site.
Election signs. All election signs on road reserves or public land within the Shire.
Flashing signs. Any advertising device with light movement including Light Emitting Diode
(LED).
Inflatable advertising Sign. Includes any shape, form or thing filled with gas or air used to
attract attention to a business or place.
Neon signs. An illuminated advertising device which gives a coloured glow when electricity is
passed through it in a sealed low-pressure tube. Includes any wording, border or line formed by
using neon tube lighting.
Portable illuminated signs. Free-standing moveable signs illuminated by electricity or other
means.
Portable Interchangeable Letter sign. A portable (including through built in wheels) self-
supporting sign displaying interchangeable letters.
Signs attached to, or mounted on stationery cars, trailers, caravans, boats or trucks, where the
sign is used to advertise a business or goods/services for sale and does not form part of the
vehicle.
Signs nailed to trees/vegetation or attached to roadside infrastructure.
Trailer signs. The use of trailers with signs illuminated or displayed whether flashing or
constant unless used in conjunction with road works or traffic control.
Section 112
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 8
Schedule 2 Restricted activities for local government
controlled areas or roads
Section 5(2)
Column 1 Column 2 Column 3
Local government Restricted Activity Extent of Restriction
controlled area
All local government (a) Cut, trim, prune or remove Permitted when authorised by
controlled parks, any vegetation; an approval issued under
reserves and roads Local Law No. 1
(b) Distribute, place or put up
within the local (Administration) 2015; or
any handbill, circular or
government area.
advertisement; Permitted when carried out in
(c) Conduct a Street accordance with a local
Performance Activity; government policy; or
(d) Stay, camp or sleep Permitted when approved by
overnight in a vehicle or an authorised person for the
other mobile local government; or
accommodation, tent or Permitted if the person is an
sleeping bag; employee of the local
(e) Take more than 100 litres of government and the activity is
water from a local undertaken in the course of
government water tap; their duties;
(f) Undertake any
encroachment or
construction whatsoever in
a local government
controlled area;
(g) Operate a model aeroplane
or drone on a local
government controlled area;
(h) Conduct a wedding;
(i) Use a local government
controlled area for
commercial purposes;
(j) Conduct an event or an
activity open to the public
on a local government
controlled area;
(k) Undertake an alteration or
improvement to a local
government area.
(l) Display an advertising
device;
Section 113
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 9
All roads within the (a) Construct, install, build a Permitted when authorised by
local government vehicle cross-over or an approval issued under
area. driveway access on a road; Local Law No. 1
or (Administration) 2015; or
(b) Undertake any construction Permitted when carried out in
whatsoever in a road accordance with a local
reserve; or government policy
(c) Installing a gate or grid, or a Permitted when constructed in
gate and a grid on or across accordance with the local
a road. government standards for the
activity.
All parks and reserves Lighting or maintaining a Permitted only if the fire is –
within the local fire.
(i) Contained within a fire-
government area.
place established by the local
government for the purpose;
(ii) Allowed under a written
approval issued by an
authorised person for the local
government.
The following (f) (a) Erecting or installing a Permitted only with the
cemeteries– memorial to a deceased person written approval issued by an
in a local government cemetery; authorised person for the local
All Local Government
Cemeteries. (h) (b) Carrying out maintenance government; or
or repair work on a memorial to Permitted only—
a deceased person in a local
government cemetery; (i) By the next of kin, the
applicant for the burial or an
(c) Planting, placing or approved member of the family of
installing vegetation in a local the deceased person; and
government cemetery.
(ii) with the written approval of
(d) Disposing of human the local government; and
remains;
( (iii) subject to conditions about
(e) Exhuming a body or the how the work is to be carried out.
remains of a body;
Permitted only if the work is
(f) Digging or preparing a undertaken by the local
grave; government or a contractor
authorised by the local
government to do the work.
Section 114
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 10
The following (a) driving a vehicle into or on Permitted only with the
gazetted foreshore – the restricted area; written authorisation of an
(a) Noosa North (b) allowing a dog into or on authorised person for the local
Shore- The beach the restricted area; or government; or
area at the Noosa
(c) riding or leading a horse or Permitted only if the entry is
river mouth; undertaken by the local
another animal into or on
adjacent to the government or a contractor for
the restricted area;
area known as the the local government.
frying pan and
extending over the Permitted only if entry is
entire sand area; undertaken by a local or state
as identified by government employee in the
signs and barriers. course of their duties.
(b) The Noosa North
shore beach
between the 1st
(first) and 3rd
(third) vehicular
access points onto
the beach.
The following caravan Lighting of fires and Permitted only if the fire –
parks– maintaining a fire.
(i) Is contained within a fire- place
(a) Noosa River; established by the local
(b) Noosa North government for the purpose; or
Shore; (ii) Has been approved in writing
(c) Boreen Point. and issued by an authorised person
for the local government.
The following (a) Driving a vehicle Permitted where the road is
recreational trail – including a 4WD and trail formed and maintained as a
bikes. road; or
(a) Noosa Trail
Network (b) Taking a dog onto the trail Permitted when approved in
other than private property. writing by an authorised
person for the local
government; or
Permitted in an emergency
situation; or
Permitted for maintenance
purposes; or
Permitted by adjoining land
owners for farming activity.
Permitted by an affected
property owner.
Section 115
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 11
Schedule 3 Motor vehicle access areas in local
government controlled areas
Sections 6 and 7
Column 1 Column 2
Motor vehicle access areas Prohibited vehicles
The following gazetted foreshore is a
motor vehicle access area – All motor vehicles except emergency
(a) Noosa North Shore - the beach area service vehicles or unless approved by
at the Noosa river mouth; adjacent to the local government.
the area known as the frying pan and
(refer to the attached map SLL4.3.1)
extending over the entire sand area;
as identified by signs and barriers;
described as habitat for resident and
migratory shorebirds. Map reference
SLL4.3.1
(b) Noosa North Shore – the beach area
between beach access 5 and beach
access 8; also known as 1st and 3rd
cuttings; vehicle access to the beach.
Map reference SLL 4.3.2
Section 116
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 12 Maps of Noosa North Shore motor vehicle access areas;
Section 117
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 13
Section 118
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 14
Schedule 4 Opening hours for local
government controlled areas
Section 8
Column 1 Column 2
Local government controlled area Opening hours
All Local Government buildings and As stated on the relevant building or
facilities open to the public within the facility.
local government area.
Section 119
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 15
Schedule 5 Permanent closure of local government
controlled areas
Section 9
There are no local government controlled areas described or identified.
CERTIFICATION
This and the preceding 14 pages bearing my initials is a certified copy of Subordinate Local Law No. 4 (Local
Government Controlled Areas, Facilities and Roads) 2015, made in accordance with the provisions of the Local
Government Act 2009, by the Noosa Shire Council by resolution dated _____________ 2015.
__________________________
Brett de Chastel
Chief Executive Officer
Noosa Shire Council
Section 120
Noosa Shire Council
Subordinate Local Law No 5
(Parking) 2015
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Subordinate Local Law No 5
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peas LM ae Maelo: TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.auSection 121
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 2
Noosa Shire Council
Subordinate Local Law No. 5 (Parking) 2015
Contents
Part 1 Preliminary...........................................................................................3
1 Short title .............................................................................................................. 3
2 Purpose and how it is to be achieved .................................................................. 3
3 Authorising local law ............................................................................................ 3
4 Definitions ............................................................................................................ 3
Part 2 Declaration of parking areas for the TORUM Act .............................4
5 Declaration of traffic areas—Authorising local law, s 5 ....................................... 4
6 Declaration of off-street regulated parking areas-Authorising local law, s 6 ....... 4
Part 3 Parking contrary to parking restriction .............................................4
7 Parking permits issued by local government—Authorising local law, s 7(2) ....... 4
8 Commercial vehicle identification labels—Authorising local law, s 8(2) .............. 4
Part 4 Minor traffic offence infringement notice penalties .........................5
9 Infringement notice penalty amounts—Authorising local law, s 9 ....................... 5
Part 5 Miscellaneous......................................................................................5
Schedule 1 Declaration of traffic area ...................................................................6
Schedule 2 Declaration of off-street regulated parking areas ............................7
Schedule 3 Infringement notice penalty amounts for certain minor traffic
offences .............................................................................................14
Section 122
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 3
Part 1 Preliminary
1 Short title
This subordinate local law may be cited as Subordinate Local Law No. 5 (Parking)
2015.
2 Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Local Law No. 5
(Parking) 2015, which provides for the exercise of local government powers
authorised under the TORUM Act.
(2) The purpose is to be achieved by providing for—
(a) the establishment of traffic areas and off-street regulated parking areas; and
(b) the persons who may be issued with a permit to park a vehicle contrary to an
indication on an official traffic sign; and
(c) the vehicles that can be issued with commercial vehicle identification labels;
and
(d) the infringement notice penalty amounts for minor traffic offences.
3 Authorising local law
The making of the provisions in this subordinate local law is authorised by Local Law
No. 5 (Parking) 2015 (the authorising local law).
4 Definitions
Particular words used in this subordinate local law have the same meaning as provided
for in the authorising local law except the following;
“Commercial Loading Zone” – is identified by signs containing the conditions to park
including the time limit, these zones can only be used by vehicles that meet the
following criteria, all other vehicles are prohibited;
Any vehicle constructed, fitted or equipped to carry goods, excluding a sedan, wagon
or motor bike; or
Any vehicle displaying a commercial vehicle identification label in accordance with
the requirements of this subordinate local law; or
Any vehicle displaying a commercial vehicle identification label issued by another
local government.
“Commercial vehicle identification label” – for the purpose of this subordinate local
law the definition of a commercial vehicle identification label mentioned in section 8(1)
of the authorising local law shall also include – “a sign either permanent or magnetic
(supplied by the user) that is attached to both the driver and front passenger doors on a
vehicle indicating the business name and telephone contact number, with a minimum
size of 300mm x 200mm”.
Section 123
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 4
Part 2 Declaration of parking areas for the TORUM
Act
5 Declaration of traffic areas—Authorising local law, s 5
(1) For section 5(1) of the authorising local law, the whole local government area is
declared to be traffic area.
(2) For section 5(2) of the authorising local law the boundaries of the traffic area are
the boundaries of the local government area.
6 Declaration of off-street regulated parking areas-Authorising local law, s 6
(1) For section 6(1) of the authorising local law, each area of land indicated by
hatching in the maps in schedule 2 are declared to be off-street regulated parking
areas.
(2) For section 6(2) of the authorising local law, the boundaries of each off-street
regulated parking area are indicated by bold lines circumscribing the hatched areas
identified on the maps in schedule 2.
Part 3 Parking contrary to parking restriction
7 Parking permits issued by local government—Authorising local law, s 7(2)
For section 7(2) of the authorising local law, the following persons may be issued with a
parking permit mentioned in section 7(1) of the authorising local law—
(a) persons who have been granted approval under another local law for a temporary
entertainment event, where the parking permit is necessary for the purposes of the
temporary entertainment event; or
(b) persons who have been granted approval under another local law for the use of a
local government controlled area, where the parking permit is necessary to
undertake the approved use; or
(c) a person who has applied for and been granted a parking permit by the local
government for a specific purpose; or
(d) local government employees, contractors or agents for the purpose of carrying out
work for or on behalf of the local government.
8 Commercial vehicle identification labels—Authorising local law, s 8(2)
For section 8(2) of the authorising local law, the following vehicles may be issued with
a commercial vehicle identification label mentioned in section 8(1) of the authorising
local law and described in the definitions section of this subordinate local law—
(a) Any motor vehicle constructed, fitted or equipped for the carriage of persons
which is used in connection with a business to deliver or pick up goods, that
requires the regular use of loading zones;
Section 124
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 5
Part 4 Minor traffic offence infringement notice
penalties
9 Infringement notice penalty amounts—Authorising local law, s 9
For section 9 of the authorising local law, the infringement notice penalty amount
for an offence mentioned in column 1 of schedule 3 is the corresponding amount
stated in column 2 of schedule 3.
Part 5 Miscellaneous
This part in the authorising local law does not contain any matters to be provided for by
subordinate local law.
Section 125
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 6
Schedule 1 Declaration of traffic area
Section 5
This schedule has been intentionally left blank.
Section 126
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 7
Schedule 2 Declaration of off-street regulated parking
areas
Section 6
Section 127
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 8
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 8
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Regulated ParkingSection 128
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 9
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 9
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Regulated Parking .Section 129
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 10
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 10
Off Street Regulated Parking, Noosa Heads
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Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 11
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 Il
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Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 12
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 12
Off Street Regulated Parking, Peregian Beach
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Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 13
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 13
Off Street Regulated Parking, Wallace Park Precinct
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Regulated Parking \ fSection 133
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 14
Schedule 3 Infringement notice penalty amounts for
certain minor traffic offences
Section 9
Column 1 Column 2
Minor traffic offence Infringement notice penalty
amount
Parking and stopping offences provided for in part 12
(Restrictions on stopping and parking) of the
Transport Operations (Road Use Management —Road
Rules) Regulation 2009 except for—
3/4 penalty unit
section 179 (Stopping in a loading zone)
section 203 (Stopping in a parking area for people
with disabilities); and
section 205 (Parking for longer than indicated)
The offence provided for in section 179 (stopping in a loading
zone - which also includes a commercial loading zone as
described in section 4 of this Subordinate Local Law) of the 3/4 penalty unit
Transport Operations (Road Use Management—Road Rules)
Regulation 2009
The offence provided for in section 203 (Stopping in a
parking area for people with disabilities) of the Transport
Operations (Road Use Management—Road Rules) 2 penalty units
Regulation 2009
The offence provided for in section 205 (Parking for
longer than indicated) of the Transport Operations (Road
Use Management—Road Rules) Regulation 2009 ½ penalty unit
All other offences which relate to the parking or
stopping of a vehicle as provided for in section 74
(Contravention of official traffic sign an offence) of ½ penalty unit
the Transport Operations (Road Use Management)
Act 1995
Section 134
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015 15
CERTIFICATION
This and the preceding 14 pages bearing my initials is a certified copy of Subordinate Local Law No. 5 (Parking)
2015, made in accordance with the provisions of the Local Government Act 2009, by the Noosa Shire Council by
resolution dated _____________ 2015.
__________________________
Brett de Chastel
Chief Executive Officer
Noosa Shire Council
Section 135
Noosa Shire Council
Subordinate Local Law No 6
(Bathing Reserves) 2015
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Noosa Shire Council
Subordinate Local Law No 6
(Bathing Reserves) 2015
RAD CLOSED TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qlid.gov.auSection 136
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
2
Noosa Shire Council
Subordinate Local Law No. 6 (Bathing Reserves) 2015
Contents
Part 1 Preliminary...........................................................................................3
1 Short title ............................................................................................................. 3
2 Purpose and how it is to be achieved ................................................................. 3
3 Authorising local law ........................................................................................... 3
4 Definitions ........................................................................................................... 3
Part 2 Bathing reserves .................................................................................3
Part 3 Use of aquatic equipment in bathing reserves .................................3
5 Prohibition or restriction of aquatic equipment—Authorising local law, s
12(1) .................................................................................................................... 3
Part 4 Behaviour in bathing reserves ...........................................................4
6 Prohibited equipment—Authorising local law, s 15(3) ........................................ 4
7 Circumstances where prohibited equipment permitted—Authorising local law,
s 15(2) ................................................................................................................. 4
Part 5 Life-saving clubs and powers of authorised persons......................4
Part 6 Authorised persons ............................................................................4
8 Appointment of authorised persons—Authorising local law, s 26(1)(a).............. 4
9 Limitation of authorised persons’ powers—Authorising local law, s 27 .............. 5
10 Conditions of office for authorised persons—Authorising local law, s 28(1) ...... 5
Part 7 Miscellaneous......................................................................................5
Schedule 1 Prohibited aquatic equipment for bathing reserves or parts of
bathing reserves .................................................................................6
Schedule 2 Restricted aquatic equipment for bathing reserves or parts of
bathing reserves .................................................................................7
Schedule 3 Bathing Reserves Maps ......................................................................8
Section 137
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
3
Part 1 Preliminary
1 Short title
This subordinate local law may be cited as Subordinate Local Law No. 6 (Bathing
Reserves) 2015.
2 Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Local Law No. 6
(Bathing Reserves) 2015, which provides for the orderly management and
regulation of activities within bathing reserves placed under the local
government’s control.
(2) The purpose is to be achieved by providing for—
(a) the regulation of the use of aquatic equipment within bathing reserves; and
(b) the appointment and powers of authorised persons to manage and enforce
the regulation of conduct within bathing reserves.
3 Authorising local law
The making of the provisions in this subordinate local law is authorised by Local
Law No. 6 (Bathing Reserves) 2015 (the authorising local law).
4 Definitions
Particular words used in this subordinate local law have the same meaning as
provided for in Local Law No. 1 (Administration) 2015.
Part 2 Bathing reserves
This part in the authorising local law does not contain any matters to be provided
for by subordinate local law.
Part 3 Use of aquatic equipment in bathing
reserves
5 Prohibition or restriction of aquatic equipment—Authorising local law,
s12(1)
(1) For section 12(1) of the authorising local law, the equipment mentioned in
column 2 of schedule 1 is prohibited in the corresponding bathing reserve or part
of a bathing reserve mentioned in column 1 of schedule 1.
(2) For section 12(1) of the authorising local law, the equipment mentioned in
column 2 of schedule 2 is restricted in the corresponding bathing reserve or part
of a bathing reserve mentioned in column 1 of schedule 2, to the extent described
Section 138
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
4
in column 3 of schedule 2.
Part 4 Behaviour in bathing reserves
6 Prohibited equipment—Authorising local law, s 15(3)
For section 15(3) of the authorising local law, the following equipment is
prohibited equipment—
Aquatic equipment that has sharp or broken edges or projections likely to
cause injury.
Kite/sail or wind assisted craft/boards unless approved by an authorised
person.
Any item of equipment which, in the opinion of an authorised person
could cause injury or danger to others.
7 Circumstances where prohibited equipment permitted—Authorising local
law, s 15(2)
For section 15(2) of the authorising local law, the circumstances excluded from
the application of the section are—
When approval to used prohibited equipment is given under another local
law.
When approved for use by an authorised officer.
Emergency services personnel may have prohibited equipment in a
bathing reserve
Part 5 Life-saving clubs and powers of authorised
persons
This part in the authorising local law does not contain any matters to be provided
for by subordinate local law.
Part 6 Authorised persons
8 Appointment of authorised persons—Authorising local law, s 26(1)(a)
For section 26(1)(a) of the authorising local law, the following persons are
authorised persons for the local law—
(a) a patrol captain for a life-saving patrol, provided that the person is the
holder of an approved life-saving qualification and has been appointed
by the Surf Lifesaving Club responsible for patrolling the bathing
reserve.
Section 139
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
5
(b) a lifeguard appointed by the lifeguard service provider.
9 Limitation of authorised persons’ powers—Authorising local law, s 27
For section 27 of the authorising local law, the powers of an authorised person
appointed under section 8 of this subordinate local law are limited as follows—
(a) an authorised person may only exercise the powers under sections 6, 7,
8, 9, 11, 13, 18, 22, 23, 24, 25 and 35 of the authorising local law;
(b) an authorised person appointed by a surf-lifesaving club may only
exercise the powers of an authorised person in the part of the bathing
reserve assigned to the life-saving club under section 19 of the
authorising local law and during the times that the person is part of a
life-saving patrol.
10 Conditions of office for authorised persons—Authorising local law, s28(1)
For section 28(1) of the authorising local law, an authorised person appointed
under section 8 of this subordinate local law holds office on the following
conditions—
(a) Only during the lifesaving season
(b) While the lifeguard is employed by the service provider
Part 7 Miscellaneous
This part in the authorising local law does not contain any matters to be provided
for by subordinate local law.
Section 140
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
6
Schedule 1 Prohibited aquatic equipment for bathing
reserves or parts of bathing reserves
Section 5(1)
Column 1 Column 2
Bathing reserve or part of bathing Prohibited aquatic equipment
reserve
All bathing reserves within the local A motorised or wind powered vessel, jet ski,
government area kite surf equipment, wind surf equipment,
spear fishing equipment or any item that in
the opinion of an authorised person could
cause injury or danger to others.
All bathing areas (between the flags) Surf boards, fishing equipment, canoes,
where swimmers are encouraged to kayaks or surf equipment that is in the opinion
swim. of an authorised person dangerous or likely to
injure someone.
Section 141
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
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Schedule 2 Restricted aquatic equipment for bathing
reserves or parts of bathing reserves
Section 5(2)
Column 1 Column 2 Column 3
Bathing reserve or part Restricted aquatic Extent of restriction
of bathing reserve equipment
All bathing reserves All aquatic equipment other Other aquatic equipment may
within the local than the prohibited aquatic be used if in the opinion of an
government area. equipment as listed in authorised person, the
Schedule 1 equipment will not cause any
injury or pose a danger to
others.
Section 142
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
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Schedule 3 Bathing Reserve Plans
Noosa Beach
Section 143
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
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Sunshine and Sunrise Beach
Section 144
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
10
Peregian Beach
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
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Peregian Beach
Bathing Reserve, Peregian Beach
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Bathing Reserve s 60 N
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we. beometweSection 145
Noosa Shire Council Subordinate Local Law No6 Bathing Reserves 2015
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CERTIFICATION
This and the preceding 10 pages bearing my initials is a certified copy of Subordinate Local Law No. 6 (Bathing
Reserves) 2015, made in accordance with the provisions of the Local Government Act 2009, by the Noosa Shire
Council by resolution dated _____________ 2015.
__________________________
Brett de Chastel
Chief Executive Officer
Noosa Shire Council