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2018-08-07 S&O Agenda - Att 4 to Item 7 - DTMR Letter
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Att 4 to Item 7
Services and Organisation
Committee Meeting Agenda
7 August 2018
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Enquiries Elizabeth Robinson Government
Department of
Transport and Main Roads
19 JUN 2018
Mr Brett de Chastel
Chief Executive Officer
Noosa Regional Council
PO Box 141
Noosa QLD 4700
Dear Mr de Chastel
Thank you for your letter of 14 May 2018 requesting the chief executive's written agreement:
e under section 66(5)(b) of the Transport Operations (Road Use Management) Act 1995
(TORUM), to make local laws under section 66(3)(a)-(j) for; and
« under section 101(1)(b) of TORUM, to regulate parking on,
all State-controlled roads in the lacal government area of the Noosa Regional Council.
| note your proposal to make
« the Draft Noosa Council Administration and Other Local Laws (Amendment) Local Law
(No. 1) 2018; and
e the Draft Noosa Council Administration and Other Subordinate Local Laws
(Amendment) Local Law (No, 1} 2018;
As an authorised delegate of the chief executive under sections 66 and 101 of TORUM !
agree to the Council making the Draft Noosa Couneil Administration and Other Local Laws
(Amendment) Local Law (No. 1) 2018, and the Draft Noosa Council Administration and Other
Subordinate Local Laws (Amendment) Local Law (No. 1) 2078 for all declared state-
controlled roads in the local government area, subject to the following limitations:
1. Public Liability Insurance policy held by the applicant for any of the matters listed
under section 66(3)(b), (c) and (f) on a SCR must clearly state the State of
Queensland acting through the Department of Transport and Main Roads as a
‘Named Party’ or Interest Noted.
Advertising devices
2. Management of advertising devices under section 66 (3)(c) on State-conirolled
roads is agreed only in relation to:
a. footway/A frame signs
Governance Branch Telephone +61 7 3066 7058
Legislation Services Website www.tmr.qid.gov.au
61 Mary Street, Brisbane Emalf [email protected]
GPO Box 1548 Brisbane Qld 4000 ABN 39 407 690 291See the original
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Full text of the other 3 sections
Section 2
b. real estate signs
c. charity prize home signs
d. roadside vendor signs
e. election signs.
3. Management of advertising devices on State-controlled roads is agreed only for
roads with a speed limit of less than 80 km/h. TMR will continue to have
management responsibility for all motorways and associated motorway on- and off-
ramps and roads with a speed limit equal to or above 80 km/h.
4. While Noosa Shire Council may impose additional requirements for an advertising
sign within the boundaries of State-controlled roads, where the Council does not
have requirements, or where requirements are of a lesser standard, advertising
devices on State-controlled roads must be assessed by the Council against, at a
minimum, the specific permission criteria outlined in TMR’s Roadside Advertising
Manual (the Manual), as reviewed from time to time. A copy of the Manual is
available online at https:/Avww.tmr.qid.gov.au/business-industry/Technical-
standards-publications/Roadside-advertising-quide.aspx.
5. This agreement does not extend to electronic and static billboards and static
illuminated advertising devices on street name signs on State-controlled roads.
Footpath dining and roadside vending
6. With regard to the management of footpath dining and roadside vending on SCRs
under section 66 (3) (b) and (f), while Noosa Shire Council may impose additional
requirements, where Noosa Shire Council does not have requirements, or where
requirements are of a lesser standard:
a) Roadside vending and footpath dining must be assessed by the Council against,
at a minimum, the specific permission criteria outlined in the Roadside Vending
on State-controlled Roads — Technical Assessment Guide.
b) Footpath dining must be assessed by the Council against, at a minimum, the
specific permission criteria outlined in the Footpath Dining on State-controlled
Roads — Self Assessment Guideline.
These documents are available at https:/Awww.tmr.gid.gov.au/business-
industry/Technical-standards-publications/
7. All applications must be referred to TMR for comment;
8. The council must provide reasonable timeframes for TMR to consider referred
applications;
9. The Council may only issue approval for a maximum period of one year;Section 3
10, Renewal applications must be assessed each year and referred to TMR for
comment; and
11. If an approval is issued by Council, the Council is responsible for all aspects of
compliance and enforcement.
Noosa Shire Council is requested to amend the Local Law No. 1 (Administration) 2015 and
corresponding subordinate local law to reflect the agreement and restrictions outlined in this
letter. The Council is responsible for ensuring the public and industry are aware of the
restrictions imposed by this agreement.
TMR wishes to ensure the public are aware of the changes brought about by this agreement
and requests that the Council publish details of the impacts of these changes on its website
and in information packages available to the public.
TMR requests the opportunity to review the draft amendments prior to consolidating their
local laws.
If you require further information, | encourage you to contact Mr Tom Orr, Director (Corridor
Management and Protection) Department of Transport and Main Roads on (07) 3066 1431.
Yours sincerely
/
Yi
Katherine Mackenzie
Corporate Counsel
Department of Transport and Main RoadsSection 4