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Meeting papers
AGENDA
Ordinary Meeting
Thursday, 16 May 2024
commencing at 5:00 PM
Council Chambers, 9 Pelican Street, Tewantin
Crs Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom
Wegener, Nicola Wilson
“Noosa Shire – different by nature”
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ORDINARY MEETING 16 MAY 2024
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
3. MAYORAL MINUTES
4. PETITIONS
5. NOTIFIED MOTIONS
5.1. SHARK CONTROL
6. PRESENTATIONS
7. DEPUTATIONS
1 DEBRA WALZ
Topic: Community Engagement
8. CONSIDERATION OF COMMITTEE REPORTS
8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 7 MAY 2024
8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 7 MAY 2024
8.3. GENERAL COMMITTEE MEETING REPORT - 13 MAY 2024
9. ORDINARY MEETING REPORTS
9.1. PROPOSED MEETING SCHEDULE - JULY TO DECEMBER 2024
9.2. OVERVIEW OF COMMUNITY ENGAGEMENT PROGRAM FOR 2024
ADOPTION OF AMENDED CONSOLIDATED VERSION OF SUBORDINATE LOCAL
9.3.
LAW NO. 1 (ADMINISTRATION) 2015 TO RECTIFY FORMATTING ERROR
10. CLOSED SESSION
CONTRACT
10.1.
NUMBER CN00319B - UPPER PINBARREN CREEK ROAD LANDSLIDES
11. PUBLIC QUESTION TIME
ANDREW MCCARTHY - DRAFT NOOSA RIVER CATCHMENT MANAGEMENT
11.1.
PLAN
2 DEBRA WALZ - FLUORIDE
Page 2 of 134
Page 3
ORDINARY MEETING 16 MAY 2024
12. NEXT MEETING
13. MEETING CLOSURE
Page 3 of 134
ORDINARY MEETING 16 MAY 2024
12. NEXT MEETING
13. MEETING CLOSURE
Page 3 of 134Page 4
ORDINARY MEETING 16 MAY 2024
NOTICE OF MOTION
SUBMITTED BY COUNCILLOR: Cr Amelia Lorentson
COUNCIL MEETING: Ordinary Meeting, 16 May 2024
5.1 SHARK CONTROL
That Council requests the Chief Exive Officer to prepare a report for an upcoming Council Meeting
addressing the following key issues:
1. Role and Policy Decision: The report should clearly outline the Council’s role and policy
position on the State government’s Shark control program, the use of shark nets and
drumlines, including any ongoing and future trials.
2. Advocacy and Support to the State: The Council recognises the importance of advocating
for and supporting matters that are significant to our community. The Chief Executive Officer
is requested to identify and articulate these matters in the report. This may include, but is not
limited to the following:
• Continued advances in reporting: In its role as an advocate, Council supports the
importance of transparent reporting from the State government regarding the effectiveness
of shark nets and drumlines noting the annual catch data is provided on the State government
website. It urges the consideration of further improvements to data reporting including which
side of the nets marine species are caught on, to evaluate the shark control program’s
efficacy and therefore minimise impacts on non-target species, and GIS mapping with
interactive maps to improve clarity and provide a more comprehensive understanding of the
data.
• Investigation of temporary net relocation during specific periods: Council requests the
State government to provide advice and explore the feasibility of temporarily relocating shark
nets at Laguna Bay to a location that may mitigate the risk of by-catch and/or whale issues
during the upcoming whale migration period. It is noted that DAFs Marine Animal Release
Teams have just completed their annual training and whale alarms will be going on the nets
during the next changeover.
• Continuous Evaluation of Technological Advancements: The Council advocates for the
State government to continually evaluate the latest technological advancements in shark
protection devices. The report should outline other possible recommendations on new
technologies for consideration by the State government such as the Shark Safe Barriers’
model of electronic current deterrence developed in South Africa in terms of its cost-
effectiveness and success rate.
Noosa Council extends an invitation to the Department of Agriculture and Fisheries (DAF) to present
their findings on the Shark Control Program. This presentation could be a valuable addition to the
Council report, providing comprehensive insights into the effectiveness and impact of the program.
The DAF’s expertise and firsthand experience with the Shark Control Program would offer a unique
perspective, potentially highlighting areas of success and identifying opportunities for improvement
for consideration by the Councillors.
ATTACHMENTS
1. 2024-05-16 Notice of Motion - Cr Amelia Lorentson - SHARK CONTROL
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Page 5
NOTICE OF MOTION
SUBMITTED BY COUNCILLOR: Cr Lorentson
COUNCIL MEETING: Ordinary Meeting, 16 May 2024
I hereby notify of my intention to move the following motion at the Ordinary Meeting dated
Thursday, 16 May 2024:
SHARK CONTROL
That Council requests the Chief Executive Officer to prepare a report for an upcoming Council
Meeting addressing the following key issues:
1. Role and Policy Decision: The report should clearly outline the Council’s role and policy
position on the State government’s Shark control program, the use of shark nets and
drumlines, including any ongoing and future trials.
2. Advocacy and Support to the State: The Council recognises the importance of advocating
for and supporting matters that are significant to our community. The Chief Executive Officer
is requested to identify and articulate these matters in the report. This may include, but is not
limited to the following:
• Continued advances in reporting: In its role as an advocate, Council supports the
importance of transparent reporting from the State government regarding the
effectiveness of shark nets and drumlines noting the annual catch data is provided on the
State government website. It urges the consideration of further improvements to data
reporting including which side of the nets marine species are caught on, to evaluate the
shark control program’s efficacy and therefore minimise impacts on non-target species,
and GIS mapping with interactive maps to improve clarity and provide a more
comprehensive understanding of the data.
• Investigation of temporary net relocation during specific periods: Council requests
the State government to provide advice and explore the feasibility of temporarily
relocating shark nets at Laguna Bay to a location that may mitigate the risk of by-catch
and/or whale issues during the upcoming whale migration period. It is noted that DAFs
Marine Animal Release Teams have just completed their annual training and whale
alarms will be going on the nets during the next changeover.
• Continuous Evaluation of Technological Advancements: The Council advocates for
the State government to continually evaluate the latest technological advancements in
shark protection devices. The report should outline other possible recommendations on
new technologies for consideration by the State government such as the Shark Safe
Barriers’ model of electronic current deterrence developed in South Africa in terms of its
cost-effectiveness and success rate.
Page 1 of 7
Page 5 of 134
Page 6
Noosa Council extends an invitation to the Department of Agriculture and Fisheries (DAF) to present
their findings on the Shark Control Program. This presentation could be a valuable addition to the
Council report, providing comprehensive insights into the effectiveness and impact of the program.
The DAF’s expertise and firsthand experience with the Shark Control Program would offer a unique
perspective, potentially highlighting areas of success and identifying opportunities for improvement
for consideration by the Councillors.
9 May 2024
Councillor Amelia Lorentson Date
COUNCILLOR COMMENT
Noosa Council is not responsible for managing shark nets or drumlines as it is the State
government's responsibility.
In September 2019, the Department of Agriculture & Fisheries (DAF) published the Queensland
Shark Control Program: Review of Alternative Approaches, which provides extensive data on current
shark protection devices, their bycatch, and potential future approaches.
The Queensland Shark Control Program aims to reduce the risk of shark bites by using shark nets
and drumlines across Queensland beaches. The program also conducts trials of new technology,
records all animals captured, and supports and conducts research to understand shark behaviour.
Noosa Council has no policy regarding shark nets, drumlines, and trials, and no previous report on
this matter has been presented to Council. It is essential to establish a clear policy position on this
issue as public opinion varies regarding the use of shark nets and drumlines. Some people prioritise
human safety, while others advocate for marine conservation. A clear policy can help balance these
perspectives and manage community expectations.
Noosa Council can play a significant role in advocating and supporting the Queensland Shark
Control Program by establishing a policy position. This way, Council can raise awareness about the
importance of the program. Noosa Council can also advocate for its clear objectives to the State and
actively engage in State-led trials and initiatives to drive the assessment and adoption of evidence-
based predatory species mitigation controls. And more importantly, advocate to ensure that the
program meets the needs and expectations of our community.
Also, the State Shark Control Program is expected to bring forward recommendations in June/July
2024. These recommendations may include replacing lethal drumlines with SMART drumlines and
phasing out shark meshing programs. Having a policy position would allow Noosa Council to respond
effectively to these recommendations.
Previous responses from the State government have indicated that the support of key stakeholders,
including Noosa Council, is vital in determining where trials and transitions occur.
Given these factors, it would be beneficial for the Noosa Council to have a clear policy position on
shark nets and drumlines. This would allow them to effectively engage with the community, respond
to State recommendations, and contribute to the ongoing discussion about shark control measures.
It’s important to note that any policy should be based on scientific evidence, community input, and a
commitment to both public safety and environmental sustainability.
Page 6 of 134
Page 7
Noosa Council’s Environment Strategy
The Environment Strategy identifies key strategies, outcomes, and measurable targets related to our
environment.
Although the strategy primarily emphasises environmental conservation and sustainability, it also
recognises the importance of resident amenities and safety.
The Environment Strategy seeks to take a proactive approach to protect our marine environment
and encourage responsible management of our natural resources, for the benefit of both current and
future generations, while acknowledging that the safety and well-being of water users as an essential
consideration.
Noosa Biosphere Reserve Foundation (NBRF)
The NBRF has been working with DAF to implement several positive shark control measures. These
include a targeted Noosa Shark Smart education program, a trial of shark-spotting drones, and the
development of an alternative traditional drumline configuration. These initiatives aim to protect both
human and marine life across Noosa’s bays and beaches.
Shark Control Program, Qld Department of Agriculture and Fisheries
The Shark Control Program (SCP) operates under the Fisheries Act 1994 to minimize shark bites in
Queensland.
A thorough review of the program and its initiatives is scheduled from 2024 to 2025, aiming to inform
future shark management decisions for Queensland, including a new plan proposed for 2025 to
2026.
Current trials include the Shark Smart drone trial in partnership with Surf Life Saving Queensland
since September 2020, the Enhanced Aerial Shark Detection Trial statewide since October 2023,
the Catch Alert (SMART) drumline trial in Central and North Queensland since September 2021, and
the Circle Hook Trial statewide since December 2023.
Additionally, there are ongoing trials of alternative technologies such as Artificial Intelligence (AI) for
enhanced detection and reduced pilot fatigue, multi/hyperspectral cameras in areas with higher
turbidity like North Queensland, and Extended Visual Line of Sight (EVLOS) flights to cover extended
areas like surf breaks beyond flagged zones.
These trials aim to improve shark mitigation while maximizing survival rates and public safety,
supported by ongoing research projects aligned with the SCP and Queensland's research strategy.
Conclusion
The use of shark nets and drumlines is a topic that divides some of our community. While some
people believe that these measures can protect humans from shark attacks, others argue that there
are better alternatives. Although research suggests that nets may be effective, many scientists
believe that relying solely on them is a misguided approach. Therefore, it is crucial to explore other
options that are based on current technology and data.
Given the contentious nature of the use of shark nets and drumlines, Noosa Council needs to take
a clear policy position and define its role. By involving all stakeholders in the discussion and taking
into account their perspectives, the Council can make an informed decision that reflects the views of
the wider community. A clear policy position will also allow Council to work with and advocate to the
State government to implement innovative solutions that balance public safety with the protection of
marine ecosystems.
Furthermore, this will enable Council to respond effectively to the recommendations of the State
Shark Control Program, which are expected to be published in June or July this year.
Consultation:
• Shark Net Working Group
• Surfrider Sunshine Coast
• Noosa Surfing Community Alliance
Page 7 of 134
Page 8
• Noosa Heads Surf Lifesaving Club
• Noosa Biosphere Reserve
• Noosa World Surfing Reserve
• Noosa Board Riders Club
• Noosa Malibu Club
• Hasting Street Association
• Tourism Noosa
• Beach permit Holders/surf schools
Links to additional information:
The Shark Control Program webpage has just been revised:
https://www.daf.qld.gov.au/news-media/campaigns/sharksmart
Positive Steps for Shark Control Measures:
https://noosabiopshere.org.au/wp-content/uploads/2022/04/220411
Shark Nets on Noosa Main Beach -Noosa MP Survey Results April 2024:
https://www.sandybolton.com/shark-nets-on-noosa-main-beach-noosa-mp-survey-results-april-
2024
Australian Government response to the Senate Environment and Communications References
Committee report: Shark mitigation and deterrent measures:
https://www.dcceew.gov.au/about/reporting/obligations/government-responses/shark-mitigation-
deterrent-measures
Qld Government information about humpback whales:
https://www.qld.gov.au/environment/plants-animals/animals/discovering-wildlife/whales
Humpback whale population estimates:
https://esj-journals.onlinelibrary.wiley.com/doi/full/10.1002/1438-390X.1014
Analysis of humpback whale entanglements in shark control nets:
https://zslpublications.onlinelibrary.wiley.com/doi/full/10.1002/rse2.133
South African Designed Shark Safe Barriers Redefine Ocean Safety Worldwide:
https://www.sharkguardian.org/post/beyond-the-blue-south-african-designed-shark-barriers-
redefine-ocean-safety-worldwide-ensuring-pro
DAFs Marine Animal Release Teams have just completed their annual training and whale
alarms will be going on the nets during the next changeover.
Early notification of entanglements to DAFs hotline 1800 806 891 is really important to enable
the MART team to respond quickly.
Additional information is available regarding what DAF is doing to reduce the risk of entanglements:
https://www.daf.qld.gov.au/news-media/campaigns/sharksmart/program/impact
DAF is also assisting with The Blue Biosphere research project with the installation of monitoring
equipment in the region:
https://noosabiosphere.org.au/portfolio/blue-biosphere/
DAF also met recently with researchers from the University of Queensland who are researching
whale deterrents:
https://researchers.uq.edu.au/research-project/62625
Page 8 of 134
Page 9
Noosa SCP catch 2019-2023:
Page 9 of 134
ee ion eee Operations — Noosa
fA Dec 1961 | FATAL | Noosa Heads — Laguna Bay / Quick facts
coe surfer died after being bitten by a 3m bull shark (species A Wes: KEIRA ef tary f
+ 2nets * eg ;
fA Jan 2001 | UNINJURED | Noosa Main Beach + 3drumlines : Ne Y i 4
Asurfer’s board was bitten by a tiger shark (species unconfirmed). A Sunshine Beach ee = Wat) f ‘
* 3 drumlines Sieg f
A Feb 2002 | INJURED | Sunrise Beach A Sunrise Beach p
A surfer required stiches after being bitten on the leg by a whaler shark * 3drumlines
(species unconfirmed) ‘North Peregian Beach 1
A Jan 2013 | INJURED | Noosa Heads ~ Sigrumines
A surfer suffered minor lacerations to his neck and torso from a tiger shark bite A Glen Eden Beach
(species unconfirmed). * 3 drumlines q
f Peregian Beach F
+ 3drumlines s :
Source: Australian Shark Incident Database om 7
Noosa SCP catch 2019-2023:
Sum of Number Caught Column Labels -T
= Drum Drum Total -'Net Net Total Grand Total
Row Labels v [FALSE lTRUE FALSE TRUE
- TARGET 23 10 33 16 3 19 52
BULL WHALER 1 1 2 11 11 13
DUSKY WHALER 1 1 3 3 =
TIGER SHARK 20 9 29 2 2 4 33
WHITE SHARK 1 1 1 1 2
— NON-TARGET 2 2 4 96 18 114 118
BOTTLENOSE DOLPHIN 3 3 3
COMMON DOLPHIN 2 2 2
COWNOSE RAY 1 1 2 2
DEVILRAY * 4 1 as 5
DUGONG 2 2 2
EAGLE RAY * 2 2 2
FOSSIL SHARK 1 1 1
GIANT TREVALLY 1 1 1
| GREATHAMMERHEAD 1 15 1s
GREEN TURTLE 1 1 1
GREY NURSE SHARK 1 1 2 2
HAMMERHEAD SHARK * 1 1 1
HUMPBACK WHALE 5 5 5
LOGGERHEAD TURTLE 1 1 = 4 5
45 45 45
1 1 1 1 2 3
MANTA RAY 2 1 3 3
MARLIN 1 1 1
1 1 1
1 1 1
SCALLOPED HAMMERHEAD 5 ss 5
SEA SNAKE 1 1 1
TUNA 8 8 8
UNKNOWN SHARK 1 1 1
WHITE-SPOTTED EAGLE 2 2 2
Grand Total 25 12 37 112 oe 133 170
Page 9 of 134Page 10
Noosa SCP catch 2019-2023:
Page 10 of 134
Noosa SCP catch 2019-2023:
SPECIES
|
TARGET PE
BULL WHALER Pe ta te Et]
DUSKY WHALER Pt
TIGER SHARK Pl Et 3]
WHITE SHARK Pa EF
TOTAL Pst to ts} CET SCL 8
| Netcatch
|
NON-TARGET es GD re QO GO
BOTTLENOSE DOLPHIN PE te
COMMON DOLPHIN pF tt Ee
COWNOSE RAY pa a et
DEVILRAY * Rs GD rr | © | en ]
DUGONG pt
EAGLE RAY * pt
FOSSIL SHARK a a Ee
GIANT TREVALLY PE a
GREAT HAMMERHEAD pts ts} Ets |
GREEN TURTLE PE a a
GREY NURSE SHARK Ea a et
HAMMERHEADSHARK® | | | | TT
HUMPBACK WHALE po CES
LOGGERHEAD TURTLE pa a st ES
LONG NOSE WHALER PO ts ss
MAKO pa at
MANTA RAY pt st
MARLIN a Ee
PIGEYE WHALER pa
SANDBAR WHALER Pe
SCALLOPEDHAMMERHEAD | | | CT CTC CTS
SEA SNAKE Ea
TUNA PE tt
UNKNOWN SHARK Ea a Ee
WHite-spoTreDeacle =| ||| CT
TOTAL Po Ef tf tts} Lt]
ii
6m
Cele) )
ee 7 ae ae com ou
od Ww dD vi Lae
———_———_———— eee 124m to 186m — ——————?>
ey et
fr Th
D= Acoustic dolphin pinger (year round)
W = Acoustic whale pinger (May to November)
viele)
Page 10 of 134Page 11
To all Councillors and Directors
I hereby notify that Cr Lorentson intends to move the motion as shown above at the Ordinary Meeting
dated 16 May 2024
9 May 2024
Chief Executive Officer Date
Page 11 of 134
Page 12
ORDINARY MEETING 16 MAY 2024
8.1 PLANNING & ENVIRONMENT COMMITTEE REPORT - 7 MAY 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Amelia Lorentson, Chair (via Microsoft Teams) Cr Brian Stockwell
Cr Frank Wilkie Cr Tom Wegener
NON COMMITTEE MEMBERS
Nil
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Development & Regulation Richard MacGillivray Director Strategy & Environment Kim
Rawlings
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. MCU22/0154.01 – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT
APPROVAL FOR FOOD AND DRINK OUTLET, SHOPS AND OFFICES AT 214 DAVID LOW
WAY, PEREGIAN BEACH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 May 2024 regarding Application No. MCU22/0154.01 to make a
minor change to an existing approval for Food and Drink Outlet, Shops & Offices situated at 214
David Low Way Peregian Beach and:
A. Agree to amend Condition 2, as outlined in Attachment 1.
B. Note this report is prepared in accordance with Section 63(5) of the Planning Act 2016.
5.2. 132005.638.03 - OTHER CHANGE TO AN EXISTING APPROVAL FOR MATERIAL CHANGE
OF USE – EXPANSION OF SPECIAL PURPOSE (WASTE DISPOSAL AND RECYCLING
FACILITY) & ONGOING CLEARING PURPOSES AT 561 EUMUNDI NOOSA ROAD, DOONAN
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 7 May 2024 regarding Application No. 132005.638.03 for Representations to the
Other Change approval to an existing development permit for Material Change of Use – Waste
Disposal & Recycling Facility and Ongoing Clearing Purposes, situated at Noosa Landfill at 561
Eumundi Noosa Rd Doonan Qld 4562 and:
A. Agree to amend conditions 40 and 43, as outlined in Attachment 1; and
B. Note this report is prepared in accordance with Section 63(5) of the Planning Act 2016.
5.3. MCU21/0104.01 APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
FOR A MATERIAL CHANGE OF USE OF PREMISES (UNDEFINED USE – MOTORCYCLE /
SCOOTER SALES & REPAIR) – 16 RENE ST, NOOSAVILLE
That Council note the report by the Senior Development Planner to the Planning & Environment
Committee Meeting dated 7 May 2024 regarding Application No. MCU21/0104.01 to make a minor
Page 12 of 134
Page 13
ORDINARY MEETING 16 MAY 2024
change to an existing approval for a Material Change of Use of Premises (Undefined Use –
Motorcycle/Scooter Sales & Repair) situated at 16 Rene St, Noosaville and:
A. Approve the change.
B. Amend conditions 2, 5, 7, 8 and 10 as outlined in Attachment 1.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
5.4. MCU22/0051 REPRESENTATIONS TO DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE - HARDWARE & TRADE SUPPLIES AT 178 EUMUNDI NOOSA ROAD,
NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 7 May 2024 regarding representations made in relation to Development Approval
MCU22/0051 for Hardware and Trade Supplies situated at 178 Eumundi Noosa Rd Noosaville and:
A. Agree to amend conditions 3, 7, 13,15, 20 and 21 as outlined in Attachment 1;
B. Delete conditions 39 & 40;
C. Refuse the representations made to conditions 5 for the following reasons:
Condition 5
The condition is a reasonable requirement given the application was made over 178 Eumundi Noosa
Road which includes the existing Bunnings Warehouse. The retention of a significant hardware
component and trade sales area within the Bunnings Warehouse is an important consideration in
the assessment of the proposed trade supplies store and the original Bunnings Warehouse.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Committee Recommendation
That the report of the Planning and Environment Committee meeting dated 7 May 2023 be received
and the recommendations therein be adopted except where dealt with by separate resolution.
Page 13 of 134
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ORDINARY MEETING 16 MAY 2024
8.2 SERVICES & ORGANISATION COMMITTEE REPORT - 6 FEBRUARY 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Karen Finzel, Chair
Cr Jessica Phillips
Cr Frank Wilkie
Cr Nicola Wilson
NON COMMITTEE MEMBERS
Cr Amelia Lorentson
Cr Tom Wegener
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Community Services Kerri Contini
Acting Director Infrastructure Services Shaun Walsh (via Microsoft Teams)
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
6.1. CAPITAL PROGRAM 2023/24 DELIVERY STATUS
That Council note the report by the Infrastructure Planning Officer to the Services & Organisation
Committee Meeting 7 May 2024 providing an update on the delivery of the 2023/24 Capital Program
as at 31 March 2024.
Committee Recommendation
That the report of the Services & Organisation Committee meeting dated 7 May 2024 be received
and the recommendations therein be adopted except where dealt with by separate resolution.
Page 14 of 134
Page 15
ORDINARY MEETING 16 MAY 2024
8.3 GENERAL COMMITTEE MEETING REPORT - 13 MAY 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Amelia Lorentson
Cr Jessica Phillips
Cr Tom Wegener
Cr Frank Wilkie
Cr Nicola Wilson
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Corporate Services Trent Grauf
Director Strategy and Environment Kim Rawlings
Director Development & Regulation Richard MacGillivray
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
6.1. OPERATIONAL PLAN 2023-24 Q3 QUARTERLY REPORTING
That Council note the report by the Chief Executive Officer (Acting) to the General Committee dated
13 May 2024 regarding the 2023-24 Operational Plan and:
A. Note the progress report for Q3 2023-24 Operational Plan to 31 March 2024 provided as
Attachment 1;
B. Note the comments on the progress of all initiatives identified provided as Attachment 2; and
C. Note the status of Council's Key Performance Indicators as provided as Attachment 3.
6.2. FINANCIAL PERFORMANCE REPORT – APRIL 2024
That Council note the report by the Manager Financial Services (Acting) to the General Committee
Meeting dated 13 May 2024 outlining April 2024 year to date financial performance against budget,
including changes to the financial performance report with the inclusion of key financial sustainability
indicators.
6.3. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY - JANUARY,
FEBRUARY, MARCH & APRIL 2024
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to
applications MCU21/0228.01 & OPW21/0364.014 (Combined with MCU21/0228.01) by Altum
Property Group which are Items 7 & 22 in the Delegated Authority report. Leigh McCready who is
associated with the applicant to the best of my knowledge, was involved in a volunteer capacity for
my 2020 election campaign with Future Noosa, which is no longer an entity. As a result of my conflict
of interest I will now leave the meeting room while the matter is considered and voted on.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declared conflict of interest in relation to the
Page 15 of 134
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ORDINARY MEETING 16 MAY 2024
application OPW21/0353.02 by MC Bain which is Item 13 in the Delegated Authority report, due to
my personal relationship with the applicant Mark Bain and the Bain Family who are family friends.
We have attended social events together, and our children have attended school together. As a
result of my conflict of interest I will now leave the meeting room while the matter is considered and
voted on.
That Council note the report by the Development Assessment Manager to the General Committee
Meeting 13 May 2024 regarding applications that have been decided by delegated authority as per
Attachment 1.
7.1. ENDORSEMENT OF PROPOSED
AMENDMENTS TO NOOSA PLAN 2020 FOR THE PURPOSE OF PUBLIC NOTIFICATION AND
COMMUNITY CONSULTATION
That Council note the report by the Strategy and Sustainability Manager to the General Committee
Meeting dated 13 May 2024 regarding proposed amendments to Noosa Plan 2020 and:
A. Endorse the proposed amendments to Noosa Plan 2020 provided as tracked changes in
Attachment 3 for the purpose of public notification and community consultation;
B. Authorise the Chief Executive Officer to make additional changes to the proposed amendments
to Noosa Plan 2020 contained in Attachment 3 as required by the Minister's conditional approval
and Minister's certain advice recommendations outlined in this report;
C. Authorise public notification and community consultation for a period of 31 business days and in
accordance with the Community Engagement Plan as amended by the Minister's conditional
approval;
D. Following public notification bring forward a community consultation report for Council
consideration;
E. Make the proposed amendments publicly available on Council's website as of 31 May 2024, being
the first day of public notification.
7.2. DISPOSAL OF LAND FOR COMMUNITY HOUSING
That Council
A. Note the report by the Senior Strategic Planner to the General Committee dated 13 May 2024
regarding the disposal of proposed Lot 1, 62 Lake Macdonald Drive to Coast2Bay Housing Group;
B. Delegate to the CEO the power to perform the actions required to undertake the subdivision of
the base parcel including:
1. tender for the remediation works;
2. negotiate, finalise and execute a contract for the remediation works for the sum generally outlined
in the Report:
3. finalise the scope for subdivision works;
4. tender for the subdivision works;
5. enter to negotiate, finalise and execute a contract for the subdivision works for the sum generally
outlined in the Report; and
6. finalise the subdivision works.
C. Resolve that the exemption to dispose of a non-current asset other than by tender or auction
contained in section 236(1)(b) of the Local Government Regulation applies to the disposal of
proposed Lot 1.
D. Approve to dispose of proposed Lot 1 of land under section 236 of the Local Government
Regulation 2012 to Coast2Bay Housing Group subject to:
1. provisions outlined in the Heads of Agreement dated 4 April 2024;
2. purchase price being the market value outlined in the Report; and
3. other conditions which the CEO considers appropriate for the protection of Council's interests;
E. Pursuant to section 257 of the Local Government Act 2009 (Qld), delegate to the Chief Executive
Officer the power to negotiate, approve and pursuant to section 262 of the Local Government Act
2009 (Qld), enter into a contract on behalf of Noosa Shire Council for the disposal of proposed Lot
1 to Coast2Bay Housing Group on the conditions outlined above for the purpose of delivering the
community housing outcomes.
Page 16 of 134
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ORDINARY MEETING 16 MAY 2024
7.3. CN00619 – PROVISION OF STREET SWEEPING SERVICES
That Council
A. Note the report by the Maintenance Planning Coordinator regarding the provision of Street
Sweeping Services to the General Committee dated 13 May 2024;
B. Award both separable portions of Contract No. CN00619 Provision of Street Sweeping Services
to Specialised Pavement Services Pty Ltd, for an initial term of up to two (2) years, commencing 1
July 2024 and expiring 30 June 2026, with an option to extend for three (3) further periods of up to
twelve (12) months each. The option to extend will be at Council’s own discretion and subject to the
Contractor’s ability to meet the requirements under the Contract; and
C. Authorise the CEO to negotiate the final contract with Specialised Pavement Services Pty Ltd.
Committee Recommendation
That the report of the General Committee meeting dated 13 May 2024 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 17 of 134
Page 18
ORDINARY MEETING 16 MAY 2024
9.1 PROPOSED MEETING SCHEDULE - JULY TO DECEMBER 2024
Author Acting Chief Executive Officer, Larry Sengstock
CEO's Office | Office of the CEO & Mayor
Index ECM/ Subject/ Councillors/ Mayor – Governance & Administration
Attachments 1. Attachment 1 - 2024 Meeting Schedule - Jul-Dec 2024 DRAFT
EXECUTIVE SUMMARY
This report is for Council to confirm the continuation of Standing Committees as part of its decision making
process and the adoption of a meeting timetable for the remainder of the calendar year until 31 December
2024.
RECOMMENDATION
That Council note the report by the Chief Executive Officer (Acting) to the Ordinary Meeting dated
16 May 2024 and approve the Council Meeting dates for the remainder of 2024 (July-December) as
set out in Attachment 1 to the Report.
REPORT
At the Post Election Meeting on 8 April 2024 Council adopted its Council Meeting structure
incorporating three Standing Committees and an Ordinary meeting until 30 June 2024. Part of the
adopted resolution called for Council to "Prepare a report to Council with potential revised meeting
structure from 1 July 2024 to be presented in next available meeting round".
Following several workshop sessions on potential alternative options, and in consultation with the
Executive Team, the Mayor and Councillors concluded that no changes have been proposed to
these existing arrangements at this stage. This Council boasts a robust track record of thoughtful
decision-making and believes that this current committee structure greatly benefits all Councillors,
particulary the new Councillors by ensuring they are thoroughly informed throughout this multifaceted
process.
The Council will however, adjust the commencement time of the Ordinary Meeting from 5pm to
10am. This change aims to accommodate the presence of essential staff during regular business
hours while preventing late evening sessions for both staff and Councillors, thereby promoting a
sustainable work-life balance.
Council will review after 6 months to gauge the effectiveness of this structure with any possible
changes to be made for 2025 should this be deemed necessary.
A draft Council Meeting Schedule for July-December of 2024 has been prepared for Council’s
consideration (refer to Attachment 1).
Internal Agenda Briefings will continue as follows:
The day prior to Planning & Environment Committee and Services & Organisation Committee
Agenda delivery, Council Officers will facilitate an internal workshop with Councillors. This is
designed for Council Officers to discuss the upcoming monthly agenda with the Council. The
workshop is not a decision making forum and is designed to assist Councillors and Council Officers
to work more closely together in the provision of information prior to agenda release.
Page 18 of 134
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ORDINARY MEETING 16 MAY 2024
Special Council Meetings
It should be noted that Special Council meetings can be called at any time to deal with specific issues
if required.
Link to Corporate Plan
Theme No. 5 - Excellence
This theme focuses on customer experience, financial sustainability, innovation and technology, levels of
service, governance, our employees and volunteers, funding streams and asset management practices.
Previous Council Consideration
Post Election Meeting - 8 April 2024, Item 2.3
That Council note the report by the Chief Executive Officer (Acting) to the Post Election meeting
dated 8 April 2024 regarding the continuation of Standing Committees and the adoption of the
Council meeting timetable until 30 June 2024 and:
A. Approve the continuation of the Planning and Environment Committee, the Services and
Organisation Committee, and the General Committee as Standing Committees under section
264 of the Local Government Regulation 2012, with the relevant roles and responsibilities
identified in the Chief Executive Officer’s report;
B. Note that pursuant to section 267 of the Local Government Regulation 2012, each Committee
will appoint its own chairperson;
C. Adopt the times and dates of future meetings of the Council and Committees in accordance
with the Meeting Calendar until 30 June 2024 shown at Attachment 1 to the report.
D. Prepare a report to Council with potential revised meeting structure from 1 July 2024 to be
presented in next available meeting round;
E. Appoint the following Councillors to each of the Committees:
Planning and Environment Committee
Mayor Frank Wilkie
Councillor Amelia Lorentson
Councillor Brian Stockwell
Councillor Tom Wegener
Services and Organisation Committee
Mayor Frank Wilkie
Councillor Karen Finzel
Councillor Jessica Phillips
Councillor Nicola Wilson
General Committee
The Mayor and all Councillors
Finance
Page 19 of 134
Page 20
ORDINARY MEETING 16 MAY 2024
Provision exists within the Budget to meet any expenses associated with the conducting of Council
meetings.
Risk & Opportunities
Meetings are the principal decision-making forum for local governments and all decisions are made
at the Ordinary meeting with Committee meetings making recommendations to Council.
Consultation
External Consultation - Community & Stakeholder
N/A
Internal Consultation
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
x Mayor & Councillors x Director x Director
x Chief Executive Officer Community Development Financial Services
X Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
x Director x Director x Director
Strategic Land Use Planning Development Assessment Infrastructure Planning,
Design and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Page 20 of 134
Page 21
MEETING SCHEDULE
July-December 2024
July August September
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22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22
29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29
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October November December *only 1 meeting
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9.30am Planning & Environment Committee
1.30pm Services & Organisation Committee
12.30pm General Committee Public Holidays
10.00 am Ordinary Meeting
Page 21 of 134
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Page 21 of 134Page 22
ORDINARY MEETING 16 MAY 2024
9.2 OVERVIEW OF COMMUNITY ENGAGEMENT PROGRAM FOR 2024
Author Community Engagement Advisor, Caroline Osborne
Communications & Community Engagement | Office of the CEO & Mayor
Index ECM Doc ID 23016004
Attachments 1. Schedule of Community Engagement to August 2024
EXECUTIVE SUMMARY
Noosa Council continues to design, plan and deliver an extensive program of community and
stakeholder engagement across the Noosa Shire. This includes several major strategic projects that
have benefitted from community insights to inform decision-making, together with ongoing targeted
engagement and communications projects.
Over the last term, Council engaged the community on a range of key strategic projects including,
but not limited to, the Waste Strategy 2023 - 2028, the Corporate Plan 2023 - 2028, the Housing
Strategy 2022, the Liveability Survey 2021, Eastern Beaches Foreshore Reserves Management
Plan, Destination Management Plan Phase 1, Noosa Drive Pathway Concept Designs, Noosaville
Foreshore Infrastructure Master Plan and Concepts for Resilience Phase 1 and the Noosa Regional
Gallery Future Needs and Options.
This term of Council continues to finalise a significant schedule of engagement for 2024 including,
but not limited to, the Destination Management Plan Phase 2, Amendment No.2 to the Noosa Plan
2020, Noosaville Foreshore Infrastructure Master Plan and Concepts for Resilience Phase 2, Noosa
Botanic Gardens Infrastructure Master Plan, Pomona Placemaking Pilot Phase 2 and a Council
decision on the next steps to take regarding the Noosa River Catchment Management Plan.
Due to the extensive program of ongoing community engagement and stakeholder communications
projects across the organisation, it is important that Council strategically conducts community
engagement and communications, in line with Council's Community Engagement Framework and
Policy. This will ensure that the community is engaged only on matters where community interest,
impact and influence will meaningfully inform Council decisions.
In matters where community interest, impact and influence are limited, Council will focus on
communications approaches to keep stakeholders and the community informed. By clearly
identifying the level of influence the community will have on a decision, and communicating this
accordingly, Council may minimise engagement fatigue within the community.
Council also continues to leverage valuable engagement data captured across other key strategic
projects to inform Council's ongoing operational priorities. For example, the quality and extent of
information gathered from community engagement in Phase 1 of the draft Destination Management
Plan continues to inform internal engagement and strategic directions such as parking management,
event management and infrastructure planning considerations.
On major strategic community engagement projects, Council continues to support approaches to
engagement that provide at least one or two opportunities for the community to engage. Where
feasible, Council also supports co-development opportunities with the local community, for example,
the Pomona Placemaking Pilot project.
In line with our Community Engagement Framework, Council will endeavour to close the loop with
the community, sharing what was heard from the community and how this has informed Council
decision-making.
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ORDINARY MEETING 16 MAY 2024
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 16 May
2024 regarding Council's community engagement program for the remainder of 2024.
REPORT
Chapter 1, section 4 (2)(c) of the Queensland Local Government Act 2009 outlines the need for local
government to engage with the community through “democratic representation, social inclusion and
meaningful community engagement”.
Noosa Council recognises that community engagement is a vital part of effective democracy. Quality
engagement between Council and residents across the Shire is critical to good governance and
supports strong, resilient communities. Noosa Council defines community engagement as people-
centred, with a clear focus on working with the community to identify local issues and opportunities
to guide and inform planning and decision-making.
Meaningful engagement is relationship-focused and not just a transactional process. For this reason,
Council is committed to engaging with the Noosa community in line with our Community Engagement
Framework and Community Engagement Policy, endorsed by Council in 2023. The Community
Engagement Framework is underpinned by the International Association of Public Participation
(IAP2) framework, which outlines international best practice approaches in community and
stakeholder engagement.
Our approach to community engagement within the Community Engagement Framework is
governed by a suite of guiding principles to ensure that all of our engagement activities are:
• Inclusive
• Transparent
• Appropriate
• Accountable
• Timely
• Well-resourced
• Informative and
• Understanding of our changing community.
Benefits of community engagement
As outlined in Noosa Council Community Engagement Policy 2023, the benefits of community
engagement include:
• Council and the community working together to address local issues and collectively
achieving better outcomes.
• A higher level of community input into decisions made by Council.
• An improved level of community understanding about Council’s processes and services.
• Increased awareness across Council of community views and concerns.
• Opportunities for Council to draw upon community expertise.
• The potential for time and cost savings due to better alignment between community needs
and Council decisions.
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ORDINARY MEETING 16 MAY 2024
• Increased social capital due to greater trust and knowledge acquired while working
collaboratively with the community.
• Stronger relationships between Councillors, council officers and residents, including
stakeholder groups.
Ongoing strategic initiatives to enhance Council’s community engagement capabilities
Noosa Council continues to enhance community engagement capabilities within the organisation
and through external initiatives, as outlined below.
Internal Capability
A range of internal capacity-building strategies are currently underway as part of continuous
improvement initiatives to enhance community engagement skills and practitioner expertise across
the organisation. This includes the development of an internal Community Engagement
Ambassadors Network, and investment in IAP2 aligned community engagement training for staff
across the organisation with engagement capabilities as part of their role.
The inaugural Community Engagement Ambassadors Network, led by the Community Engagement
Advisor, will be a network of internal engagement expertise and support, advocating for ways of
engaging our community that are in line with the Community Engagement Framework and our
obligations under the Local Government Act. IAP2 aligned training will elevate the level of skill and
confidence of key internal staff to design, plan and deliver high-quality engagement that assists
Council to make decisions that are informed by the aspirations and perspectives of our community
and stakeholders.
Further, Noosa Council has commenced investigation of other engagement platform options that can
optimise how we host engagement projects to engage the community to have their say and improve
internal workflows.
External Capability
Several initiatives are highlighted to enhance external engagement capabilities from 2024: improving
ways younger people are included in engagement and Council decision-making, re-introducing
Council Meetings in the community and Councillor Coffee Chats around the Shire.
Objective 4.4 in the Noosa Council Corporate Plan 2023 – 2038 is to “improve opportunities for
increased inclusion of young people in community engagement and decision-making to provide
relevant services, activities and opportunities.” Council has commenced investigations on how to
enhance engagement with younger people and harder-to-reach cohorts, and the Community
Engagement Ambassador Network will continue this work as a collaborative network of practitioners
to identify potential opportunities for the Executive Team and Council that also factor in the
commitments of time, resources and budget for consideration.
Council will re-introduce Council Meetings in the community and Coffee Chats with Councillors in
this term. The Council meetings in the community initiative builds on the Live Streaming capability
introduced in 2019 to improve the accessibility of Council’s General and Ordinary Meetings.
Forthcoming engagement
An extensive schedule of community and stakeholder engagement has been identified and
scheduling of engagement projects is subject to ongoing consultation with the Executive and
Councillor Teams. An outline of identified community engagement projects is attached.
How the community can engage to inform decision-making on Council projects
We encourage the community to stay informed and engage with Council on key strategic projects in
a range of ways.
Page 24 of 134
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ORDINARY MEETING 16 MAY 2024
Residents can find out about new projects that are open for community engagement and under
consideration at www.yoursay.noosa.qld.gov.au. The Your Say Noosa community engagement
platform is one of the tools used by many government organisations to provide a range of information
about live engagement projects and to provide a range of methods for the community to provide their
input on a project asynchronously, including online surveys, discussion forums, ideas boards or
spatial maps. Each community engagement project will provide relevant information on the project
background and timeline, the input that Council is seeking from the community and how this
information will be used to inform decision-making.
Council’s community engagement platform is particularly useful for people who may not be able or
prefer not to participate in face-to-face engagement opportunities. The platform also provides some
accessibility features such as the ability to translate content into a range of languages. In accordance
with Council’s Community Engagement Framework, we endeavour to “close the loop” with the
community after every community engagement period (subject to a decision by Council) to advise
how their input has informed decision-making.
Interested residents can also register their details to be kept informed about new projects that align
with their interests on www.yoursay.noosa.qld.gov.au.
Residents are encouraged to follow Noosa Council on Facebook or Instagram to keep updated on
engagement projects as well as Council events and services.
We encourage active members of the community to share our posts about new community
engagement projects and opportunities to engage with their network and local community boards if
appropriate. Council has a social media policy that manages how we share our content to our official
channels, so we do not post content on community boards, for example.
Link to Corporate Plan
Theme No. 4 - Future
This theme is focused on our future, strengthening our relationship with First Nations peoples and to
ensure our community is prepared and resilient to change. A focus on youth, climate resilience and
adaptation, sense of place and destination management.
This report specifically aligns to Objective 4.4 in the Noosa Council Corporate Plan 2023 – 2038 is
to “improve opportunities for increased inclusion of young people in community engagement and
decision-making to provide relevant services, activities and opportunities.”
Previous Council Consideration
Nil.
Finance
There are no financial or budgetary implications relevant to this report.
Risk & Opportunities
All projects identified as part of any forward engagement project planning are subject to
consideration, scheduling and approval of Council's Executive Leadership Team and Councillors.
Consultation
External Consultation - Community & Stakeholder
Nil.
Page 25 of 134
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ORDINARY MEETING 16 MAY 2024
Internal Consultation
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
X Mayor & Councillors X Director X Director
X Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
X Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Procurement
Commercial Property
Strategy & Environment Development & Regulation Infrastructure Services
X Director X Director X Director
Strategic Land Use Planning Development Assessment Infrastructure Planning,
Design and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Waste
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Page 26 of 134
Page 27
Scheduled Community Engagement Projects to August
Project Approx. Engagement
Period
Pomona Placemaking Pilot Project (Phase 2) 13 May – 10 June (4 wks)
Amendment No.2 to the Noosa Plan 2020 31 May – 13 July (6 wks)
Noosaville Foreshore Infrastructure Master Plan 20 May – 16 June (4 wks)
and Concept Designs for Resilience (Phase 2)
Noosa Botanic Gardens Master Plan TBD
Noosa River Catchment Management Plan TBD (Council decision)
Destination Management Plan (Phase 2) TBD (Council decision)
Noosa Aquatic Centre Master Plan TBD Late June/early July
Noosa Junction Detailed Design Streetscape TBD from Aug/Sept (2
Master Plan phases)
Cascading climate risks to critical infrastructure Potentially 2025
Noosa Design Principles Potentially 2025
Noosa Drive Pathway Potentially 2025
It is important to note that there are several projects that will only require targeted
engagement i.e. including but not limited to public land tenure review, Noosa Civic DA) and a
range of ongoing and upcoming communications-only projects (including but not limited to a
Shire-wide Parking Plan, disaster recovery projects i.e. Black Mountain, Lake MacDonald Dam
Redevelopment SEQ Water).
Page 27 of 134
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ORDINARY MEETING 16 MAY 2024
9.3 ADOPTION OF AMENDED CONSOLIDATED VERSION OF SUBORDINATE LOCAL
LAW NO. 1 (ADMINISTRATION) 2015 TO RECTIFY FORMATTING ERROR
Author Governance Manager, Diana Stewart
Governance | Office of the CEO & Mayor
Index ECM/Subject/37.04 - Local Law No 01 - Administration
Attachments 1. Attachment 1: Subordinate Local Law No. 1 (Administration) 2015 -
(Consolidated Version 16 May 2024)
2. Attachment 2: Section 3(c)(i) – (iv) of Schedule 10
3. Attachment 3: Section 3(c) of Schedule 10_ formatting error
EXECUTIVE SUMMARY
On 21 October 2021 Council adopted a Consolidated Version of the Subordinate Local Law No. 1
(Administration) 2015 (“SLL1”). A formatting error has been identified in this Consolidated Version
in that section 3(c)(i) – (iv) of Schedule 10, which relates to event directional signs, was
unintentionally omitted (“the formatting error”).
As Council is now aware that the Consolidated Version is not accurate, legal advice recommends
that Council should adopt an amended Consolidated Version of the SLL1 that rectifies the formatting
error.
RECOMMENDATION
That Council adopt, pursuant to section 32 of the Queensland Local Government Act 2009, a
Consolidated Version of Subordinate Local Law No. 1 (Administration) 2015 in the form in
Attachment 1 to this Report, which rectifies the unintentional omission of section 3(c)(i) – (iv) of
Schedule 10.
REPORT
1. Background
Section 32 of the Local Government Act 2009 (LGA) provides, among other things, that:
• A consolidated version accurately combines a local government’s local law, as it was
originally made, with all the amendments made to the local law since the local law was
originally made.
• When the local government adopts the consolidated version, the consolidated version is
taken to be the local law, in the absence of evidence to the contrary.
2. Section 3(c)(i) – (iv) of Schedule 10 of SLL1
Section 3(c)(i) – (iv) of Schedule 10 relates to event directional signs. These are any advertising
devices intended to provide directional information about the location of a community event, facility
or feature, for example, temporary events such as a fete, fair, festival or sporting event.
Attachment 2 to this Report is Schedule 10 Section (3)(c)(i) to (iv) of the SLL1 which was
unintentionally omitted from the Consolidated Version of the SLL1.
3. Adopted Consolidated Versions of the SLL1 in 2020 and 2021
• On 19 December 2019 Council made the Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No 1) 2019 which included amendments to the SLL1
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ORDINARY MEETING 16 MAY 2024
regarding advertising devices and inserted among of things, Section 3(c)(i) – (iv) of Schedule
10. On 20 February 2020 Council then adopted a consolidated version of the SLL1 which
incorporated these amendments. The formatting error was not contained in this Consolidated
Version.
• On 21 October 2021 Council made the Administration (Amendment) Subordinate Local Law
(No.1) 2021 which made amendments to the SLL1 pertaining to short stay accommodation.
On this date Council also adopted a Consolidated Version of the SLL1 which incorporated
these amendments. This Consolidated Version included the formatting error. Attachment 3
to this Report is section 3(c) of Schedule 10 of the Consolidated Version which contains the
error.
4. Advice to amend the Consolidated Version
Council recently identified the formatting error and sought legal advice on 2 May 2024. Legal advice
provided on 7 May 2024 recommended that:
a. Now that Council is aware that the Consolidated Version of the SLL1 is not accurate, for the
avoidance of doubt, Council should adopt an amended Consolidated Version that rectifies
the formatting error, and
b. In line with section 32 of the LGA, Council will need to adopt an amended Consolidated
Version by resolution as it is not a power that can be delegated to the CEO.
5. Enforcement Consequence of Formatting Error
The formatting error may result in an enforcement issue, but only to the extent that any reliance is
placed on the omitted section 3(c) of Schedule 10 of SLL1 between the commencement date of 1
February 2022 and up until an amended consolidated version is adopted by Council. It is considered
that the formatting error in the Consolidated Version is low risk given that Council did not rely on the
omitted section during this period. No infringements were issued for non-compliance with the omitted
criteria, and there were no formal complaints received from the public in relation to directional event
signage. It is important to highlight this does not include events on public land which are regulated
under an event permit issued by Council’s Property Branch.
Link to Corporate Plan
Theme No. 5 - Excellence
This theme focuses on customer experience, financial sustainability, innovation and technology,
levels of service, governance, our employees and volunteers, funding streams and asset
management practices.
Previous Council Consideration
Nil
Finance
Nil
Risk & Opportunities
Dealing with the formatting error as per the above recommendation means that Council can
demonstrate it is rectifying the formatting oversight in a transparent way and that this has been acted
upon once it became aware of the matter.
Consultation
External Consultation - Community & Stakeholder
Page 29 of 134
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ORDINARY MEETING 16 MAY 2024
Nil
Internal Consultation
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
X Chief Executive Officer Community Development Financial Services
X Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
X Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director X Director Director
Strategic Land Use Planning X Development Assessment Infrastructure Planning,
Design and Delivery
Economic Development & X Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Page 30 of 134
Page 31
Attachment 1
Noosa Shire Council
Subordinate Local Law No 1
(Administration) 2015
noosa.qld.gov.au
Page 31 of 134
Page 32
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
12 Matters regarding prescribed activity of installation of advertising devices—Authorising
local law, s6(3) and (5), 8(2)(a), (8) and (9), 9(1)(d), 10(3), 13(a), 14(1)(a) ......................... 6
Schedule 1 Prescribed activities that do not require an approval under the
authorising local law ...................................................................................... 9
Schedule 2 Categories of prescribed activities for the purposes of maximum
penalties ........................................................................................................ 10
Schedule 3 Categories of approval that are non-transferable...................................... 11
Schedule 4 Prescribed complementary accommodation ............................................. 12
Schedule 5 State-controlled roads to which the local law applies............................... 13
Schedule 6 Public place activities that are prescribed activities ................................. 14
Schedule 7 Alteration or improvement to local government controlled areas and
roads.............................................................................................................. 15
Schedule 8 Commercial use of local government controlled areas and road………...17
Schedule 9 Establishment or occupation of a temporary home .................................. 20
Schedule 10 Installation of advertising devices .............................................................. 24
Schedule 11 Keeping of animals....................................................................................... 56
Schedule 12 Operation of accommodation parks ........................................................... 58
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Page 33
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 3
Schedule 13 Operation of shared facility accommodation ............................................. 63
Schedule 14 Operation of public swimming pools.......................................................... 67
Schedule 15 Operation of temporary entertainment events ........................................... 69
Schedule 16 Undertaking regulated activities regarding human remains— (a)
disturbance of human remains buried outside a cemetery ...................... 72
Schedule 17 Undertaking regulated activities regarding human remains— (b) burial
or disposal of human remains outside a cemetery ................................... 73
Schedule 18 Undertaking regulated activities regarding human remains— (c)
disturbance of human remains in a local government cemetery ............. 74
Schedule 20 Undertaking regulated activities on local government controlled areas
and roads— (b) depositing of goods or materials ..................................... 77
Schedule 21 Undertaking regulated activities on local government controlled areas
and roads— (c) holding of a public place activity prescribed by
subordinate local law ................................................................................... 79
Schedule 21A Operation of short stay letting or home hosted accommodation.......... 81
Schedule 22 Bringing or driving motor vehicles onto local government controlled
areas .............................................................................................................. 89
Schedule 23 Bringing or driving prohibited vehicles onto motor vehicle access
areas .............................................................................................................. 91
Schedule 24 Parking contrary to an indication on an official traffic sign regulating
parking by time ............................................................................................. 93
Schedule 25 Carrying out works on a road or interfering with a road or its operation 95
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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;
and
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(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 accommodation 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.
(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
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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.
(10) However, and for the avoidance of doubt—
(a) this section does not prescribe matters for the prescribed activity of the
installation of advertising devices; and
(b) section 12, and schedule 10, prescribe matters for the prescribed activity of the
installation of advertising devices.
12 Matters regarding prescribed activity of installation of advertising devices—
Authorising local law, s6(3) and (5), 8(2)(a), (8) and (9), 9(1)(d), 10(3), 13(a),
14(1)(a)
(1) For the prescribed activity of the installation of advertising devices, schedule 10
prescribes the matters specified in this section for the prescribed activity.
(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 the activity stated in section 2 of schedule 10,
and in particular, the installation of an advertising device if—
(a) the advertising device is a self-assessable advertising device; and
(b) the undertaking of the prescribed activity, and in particular, the installation of
the self-assessable advertising device, complies with—
(i) if the self-assessable advertising device is a temporary advertising
device—the specific criteria and conditions for the self-assessable
advertising device in section 3 of schedule 10; and
(ii) if the self-assessable advertising device is a permanent advertising
device—the specific criteria and conditions for the self-assessable
advertising device in section 4 of schedule 10; and
(iii) the general criteria and conditions for the installation, erection and
display of advertising devices in section 5 of schedule 10.
(3) For the avoidance of doubt—
(a) section 6(2) of the authorising local law applies to the installation of an
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advertising device if the advertising device is an approval required advertising
device and the undertaking of the prescribed activity commences after the
commencement of Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No. 1) 2019; and
(b) 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 activity stated in section 2 of
schedule 10, and in particular, the installation of an advertising device if—
(i) the advertising device is an approval required advertising device; and
(ii) immediately before the commencement of Administration and Other
Subordinate Local Law (Amendment) Subordinate Local Law
(No. 1) 2019, the installation, erection and display of the advertising
device—
(A) was authorised by a development approval and the prescribed
activity was undertaken in compliance with the conditions of the
development approval; or
(B) complied with all applicable assessment benchmarks for
assessable development in the planning scheme of the local
government; or
(C) was authorised by an approval granted under Noosa Shire
Council Local Law No. 1 (Administration) 2015, section 9 and
the prescribed activity was undertaken in compliance with the
conditions of the approval.
(4) For section 6(5) of the authorising local law, the undertaking of the prescribed activity
of the installation of an advertising device is prohibited in the circumstances specified in
section 6 of schedule 10.
(5) 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 of the installation of
an advertising device are stated in section 7 of schedule 10.
(6) For section 9(1)(d) of the authorising local law, the local government may only grant an
approval for the prescribed activity of the installation of an advertising device if it is
satisfied the proposed operation and management of the activity would be consistent
with the additional criteria prescribed in section 8 of schedule 10.
(7) For section 10(3) of the authorising local law, the conditions that must be imposed on
an approval for the prescribed activity of the installation of an advertising device are
stated in section 9 of schedule 10.
(8) For section 10(3) of the authorising local law, the conditions that will ordinarily be
imposed on an approval for the prescribed activity of the installation of an advertising
device are stated in section 10 of schedule 10.
(9) For section 13(a) of the authorising local law, the term of an approval for the prescribed
activity of the installation of an advertising device is provided for in section 11 of
schedule 10.
(10) For section 14(1)(a) of the authorising local law, the further term for renewal or
extension of an approval for the prescribed activity of the installation of an advertising
device is provided for in section 12 of schedule 10.
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(11) For section 12 of the authorising local law, no certificate of a third party certifier may
be accepted by the local government as evidence about any application requirement.
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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.
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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 cemeteries
(3) operation of public swimming pools
(4) operation of shared facility accommodation
(5) operation of temporary entertainment events
Part 3 Category 3 activities
There are no identified activities in this category.
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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.
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Schedule 4 Prescribed complementary accommodation
Section 8
Other accommodation that is prescribed as appropriate accommodation in
accommodation 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.
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Schedule 5 State-controlled roads to which the local law
applies
Section 9
Subject to the chief executive’s written agreement under the Transport Operations
(Road Use Management) Act 1995, section 66(5)(b), every State-controlled road in the
local government area of the local government is a road to which applies each of the
following—
(a) Noosa Shire Council Local Law No. 1 (Administration) 2015; and
(b) Subordinate Local Law No. 1 (Administration) 2015.
For the purposes of the Transport Operations (Road Use Management) Act 1995,
section 66(5)(b), the chief executive’s written agreement is subject to the limitations
specified in a letter from the Department of Transport and Main Roads to the local
government dated 19 June 2018.
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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.
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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.
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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
distraction to, vehicular or pedestrian traffic; and
(d) The activity will –
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(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 –
(i) keeping the site free of pests and vermin and conditions offering
harbourage for pests and vermin; and
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(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.
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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.
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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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(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
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approval and the term of the temporary home approval.
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.
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Schedule 10 Installation of advertising devices
Section 12
1 Prescribed activity
Installation of advertising devices.
2 Activities that do not require approval under the authorising local law
(1) An approval is not required under the authorising local law for the prescribed activity of
the installation of an advertising device if—
(a) the advertising device is a self-assessable advertising device; and
(b) the undertaking of the prescribed activity complies with—
(i) if the self-assessable advertising device is a temporary advertising device —
the specific criteria and conditions for the self-assessable advertising device
in section 3; and
(ii) if the self-assessable advertising device is a permanent advertising device —
the specific criteria and conditions for the self-assessable advertising device
in section 4; and
(iii) the general criteria and conditions for the installation, erection and display of
advertising devices in section 5.
(2) Also, an approval is not required under the authorising local law for the prescribed
activity of the installation of an advertising device if—
(a) the advertising device is an approval required advertising device; and
(b) immediately before the commencement of Administration and Other Subordinate
Local (Amendment) Subordinate Local Law (No 1) 2019, the installation, erection
and display of the advertising device—
(i) was authorised by a development approval and the prescribed activity was
undertaken in compliance with the conditions of the development approval;
or
(ii) complied with all applicable assessment benchmarks for assessable
development in the planning scheme of the local government; or
(iii) was authorised by an approval granted under Noosa Shire Council Local
Law No. 1 (Administration) 2015, section 9 and the prescribed activity was
undertaken in compliance with the conditions of the approval.
3 Temporary advertising devices
The specific criteria and conditions for the undertaking of the prescribed activity of the
installation of a temporary advertising device which is a self-assessable advertising
device are as follows—
(a) if the self-assessable advertising device is a development/construction site
hoarding—
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(i) the sign face area of the advertising device must not exceed 4m2 per
individual sign on the street front boundary of the premises on which the
advertising device is displayed; and
(ii) the advertising device must contain only the name and contact details of the
builder, developer or consultant responsible for the development or
construction activities undertaken on the premises on which the advertising
device is displayed, and associated branding; and
(b) if the self-assessable advertising device is an election sign—
(i) an approval is not required under the authorising local law for the prescribed
activity if the activity is the installation, erection or display of an election
sign that is visible from a road or other public place;
(ii) however, the activity of the installation, erection or display of an election
sign that is visible from a road or other public place may be undertaken by a
person only if the person complies with the following requirements—
(A) the election sign must not be installed, erected or displayed prior to
the commencement of the election period; and
(B) the election sign must be removed within 7 days following the end of
the election period; and
(C) the election sign must be kept in good order and repair; and
(D) the election sign must not be exhibited on a local government
controlled area, or any plant, equipment or facility of the local
government; and
(E) the election sign must not be exhibited so as to constitute a risk to
public health or safety, road safety or obstruct the use of a road
(including a footpath); and
Examples of paragraph (E)— an election sign is exhibited so as to constitute
a risk to public health or safety, road safety or obstruct the use of a road if
the election sign—
- is positioned in a way that obstructs or hinders access to private property when
exiting a road, or obstructs or hinders access to a road when exiting private
property;
- is positioned in a way that does not provide clear sight lines for drivers of
vehicles or pedestrians at road junctions, vehicle access ways or pedestrian
crossings;
- creates a traffic problem, or increases an existing traffic problem;
- is not weighted, anchored or affixed so as to ensure stability and avoid falling
or blowing into the path of pedestrian or vehicular traffic;
- is rotating, audible or illuminated and likely to cause a distraction to a driver;
- is exhibited in close proximity to an official traffic sign in a way which is likely
to hinder or obstruct a driver from seeing, reading or understanding the
official traffic sign whilst driving;
(F) the election sign must not have a sign face area exceeding 1.1m2,
unless the sign is exhibited on an approval required advertising
device; and
(G) the election sign must be made of a material that is designed to be
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easily broken, for example, a corflute sign on a timber stake; and
(c) if the self-assessable advertising device is an event directional sign—
(i) the number of advertising devices displayed in relation to an event must not
exceed a maximum of 6 advertising devices unless authorised by an
authorised person of the local government; and
(ii) the sign face are of each advertising device must not exceed 0.54m2
(900mm x 600mm); and
(iii) the advertising device—
(A) must not be placed on a roundabout, centre traffic island or median
strip, or any State-controlled road; and
(B) must not be attached to a tree or attached to road infrastructure,
including traffic or road advisory signs; and
(C) must only be displayed on the days of the event and no more than 7
days prior to the event; and
(D) must not be erected outside a radius of 3km from the site of the event;
and
(iv) the advertising device must—
(A) be removed within 24 hours of the conclusion of the event; and
(B) be attached to withstand consequent wind and other loads; and
(d) if the self-assessable advertising device is a real estate sign—
(i) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per premises; and
(ii) the advertising device may only be placed on premises that are for sale or
lease except where the display of the advertising device on the premises is
not practical, in which case the advertising device must be placed
immediately adjacent to the premises; and
(iii) the advertising device may be double sided, provided the device does not
create a hazard for pedestrians or motorists by protruding from the premises;
and
(iv) the sign face area of the advertising device must not exceed —
(A) 2.16m2 ; or
(B) if the advertising device is double sided — 1.08m2 on each side of
the advertising device; and
(v) the advertising device must not be illuminated or have any flag protruding
from any structure which forms part of the advertising device; and
(vi) if the real estate sign is an open for inspection or auction day sign —
(A) the advertising device must only be placed on the premises on the day
of the auction, or open for inspection, and removed immediately after
completion of the auction or open for inspection; and
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(B) the advertising device must not include an A-frame sign or a flag; and
(C) the sign face area of the advertising device must not exceed 750mm x
400m or 0.3m2 per side of the advertising device; and
(D) not more than 2 advertising devices per premises may be displayed on
any premises, including on the day of auction or open for inspection
for the premises; and
(E) the advertising device must not be placed on a road, roundabout,
centre traffic island or median strip, or on any State-controlled road;
and
(F) the advertising device must not be illuminated or animated; and
(e) if the self-assessable advertising device is a real estate directional sign—
(i) a maximum of 1 advertising device per property auction or open for
inspection may be displayed; and
(ii) the advertising device must be placed on, or directly out the front of the
property to which it refers; and
(iii) the advertising device must only be placed on, or directly out the front of the
property on the day of the auction or open for inspection and removed
immediately after the auction or open for inspection; and
(iv) the sign face area of the advertising device must not exceed 750mm x
400mm or 0.3m2 on each side of the advertising device; and
(v) the advertising device must not be illuminated or animated; and
(f) if the self-assessable advertising device is a garage sale sign—
(i) the sign face area of the advertising device must not exceed 750mm x
400mm or 0.3m2 per side; and
(ii) the number of advertising devices displayed must not exceed a maximum of
5 per garage sale event, which includes any garage sale sign erected at the
premises at which the garage sale occurs; and
(iii) the advertising device must not be placed on—
(A) a road, roundabout, centre traffic island or median strip; or
(B) any State-controlled road; or
(C) any road infrastructure, for example, on an official traffic sign or an
advisory sign; and
(iv) the advertising device must not be attached to a tree or other vegetation; and
(v) if an advertising device is displayed at an intersection, the number of
advertising devices displayed at the intersection must not exceed a
maximum of 1 advertising device per intersection; and
(vi) the advertising device may only be displayed on the day of the garage sale,
and must be removed promptly after the end of the garage sale; and
(vii) the advertising device must not be illuminated or animated; and
(g) if the self-assessable advertising device is a prize home direction sign —
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(i) the number of advertising devices displayed in relation to the prize home
must not exceed a maximum of 6 advertising devices unless authorised by
an authorised person of the local government; and
(ii) the sign face area of each advertising device must not exceed 0.30m2
(750mm x 400mm); and
(iii) the advertising device must not be placed on a roundabout, centre traffic
island or median strip, or any State-controlled road; and
(iv) the advertising device must not be attached to a tree or attached to road
infrastructure, including traffic or road advisory signs; and
(v) the advertising device must not be displayed outside a radius of 3km from
the prize home; and
(vi) the advertising device must not be displayed for more than the duration of
the prize home draw competition; and
(vii) the advertising device must be removed within 24 hours of the conclusion of
the prize home draw; and
(viii) the advertising device must be attached to withstand consequent wind and
other loads.
(h) if the self-assessable advertising device is a sandwich board / A frame sign—
(i) a maximum of 1 advertising device per tenancy may be displayed; and
(ii) the advertising device must be placed on the property to which it refers, or
where this is not practically possible, immediately abutting the property on
public land; and
(iii) if located on public land, the sign must only be located within the footpath
road reserve and must not be located in a garden bed, on a beach nor dunal
area, nor recreation parkland, unless within designated lands lease or permit
areas; and
(iv) clear pedestrian, wheelchair and pram access must be maintained at all
times; and
(v) the advertising device must only be displayed when the tenancy is open for
business; and
(vi) the sign face area of the advertising device must not exceed 900mm x
600mm or 0.54m2 on each side of the advertising device; and
(vii) the advertising device must be structurally sound, stable and not pose a
hazard or safety risk to the public; and
(viii) a public liability certificate to the value of $20,000,000 must be current.
4 Permanent advertising devices
The specific criteria and conditions for the undertaking of the prescribed activity of the
installation of a permanent advertising device which is a self-assessable advertising
device are as follows—
(a) if the self-assessable advertising device is an above awning sign—
(i) the advertising device may only be displayed at premises as an above
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awning sign if no other alternative sign display option is available at the
premises; and
(ii) the advertising device must not project above the roof line of the building to
which the advertising device is attached; and
(iii) the sign face area of the advertising device must not exceed 1.5m2 ; and
(iv) the advertising device must not be attached within 1.5m of any side
boundary of the premises on which the advertising device is displayed; and
(v) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per premises; and
(b) if the self-assessable advertising device is an awning fascia sign—
(i) the sign face area of the advertising device must not exceed 4m2 ; and
(ii) the advertising device must not project above or below the awning face on
which the advertising device is painted or to which the advertising device is
attached; and
(c) if the self-assessable advertising device is an under awning sign—
(i) the advertising device must be oriented at right angles to the frontage of the
building on which the advertising device is displayed; and
(ii) the sign face area of the advertising device must not exceed a maximum of
75% of the width of the awning or verandah to which the advertising device
is attached; and
(iii) the sign face area of the advertising device must not exceed a maximum
height of 600mm and a maximum depth of 300mm; and
(iv) the sign face area of the advertising device must not exceed 1.5m2 ; and
(v) the lowest part of the advertising device must have a maximum clearance of
2.4m above ground level directly adjacent to the advertising device; and
(vi) the advertising device must be centrally located along the frontage of the
premises underneath which the advertising device is suspended; and
(vii) the advertising device must not be closer than 3m from any other under
awning sign or within 1.5m of any side boundary of the premises on which
the advertising device is displayed; and
(viii) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per building on the premises; and
(d) if the self-assessable advertising device is a business name plate—
(i) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per tenancy, on the premises; and
(ii) the advertising device must be attached to a fence, wall or building face at
street level; and
(iii) the sign face area of the advertising device must not exceed 0.3m2 ; and
(iv) the advertising device must not be illuminated; and
(v) the advertising device must not be displayed at a height in excess of 2m
above ground level directly adjacent to the advertising device; and
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(e) if the self-assessable advertising device is a community service organisation
sign—
(i) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per street front boundary of the premises;
and
(ii) the sign face area of the advertising device must not exceed 4m2 ; and
(iii) the advertising device must only refer to the name, premises or activity of
the community service organisation, or a forthcoming event or undertaking
of the community service organisation; and
(iv) the advertising device may advertise a sponsor of the community service
organisation, but not if the advertising comprises in excess of 25% of the
total sign face area of the advertising device; and
(v) if the advertising device is only displayed on a temporary basis for a
sporting club sign on day and is not displayed on the premises of the
sporting club—
(A) the number of advertising devices displayed in relation to the sign on
day must not exceed a maximum of 6 advertising devices; and
(B) the sign face area of each advertising device must not exceed 0.54m2
(900mm x 600mm); and
(C) the advertising device must not include any third party sponsorship;
and
(D) the advertising device must not be placed on a roundabout, centre
traffic island or median strip, or any State-controlled road; and
(E) the advertising device must not be attached to a tree or attached to
road infrastructure, including traffic or road advisory signs; and
(F) the advertising device must not be displayed outside a radius of 5km
from the site of the sign on day in a coastal urban area or outside a
radius of 15km from the site of the sign on day in a rural hinterland
area; and
(G) the advertising device must not be displayed more than 14 days prior
to the sign on day; and
(H) the advertising device must be removed within 24 hours of the
conclusion of the sign on day; and
(I) the advertising device must be attached to withstand consequent wind
and other loads; and
(f) if the self-assessable advertising device is a created awning line sign—
(i) the sign face area of the advertising device must not exceed 4m2 ; and
(ii) the area of the advertising device extending beyond the facia must not
exceed 25% of the width of the facia; and
(iii) the lowest part of the advertising device must have a maximum clearance of
2.4m above ground level directly adjacent to the advertising device; and
(g) if the self-assessable advertising device is a flag pole sign—
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(i) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per 10m of the street front boundary of
the premises, up to a maximum of 3 advertising devices per premises; and
(ii) the sign face area of the advertising device must not exceed 2m2 ; and
(iii) the height of the advertising device must not exceed 5m above ground level
directly adjacent to the advertising device; and
(h) if the self-assessable advertising device is a fence sign—
(i) the sign face area of the advertising device must not exceed whichever is the
lesser of—
(A) 1m2 per linear metre of fence length to which the advertising device is
attached; and
(B) 4m2; and
(ii) the advertising device must not project above or beyond the fence to which
the advertising device is attached; and
(i) if the self-assessable advertising device is a hamper sign—
(i) the display of the advertising device must be limited to the area between the
door head and the underside of the verandah or awning roof; and
(ii) the advertising device must not extend beyond the length of the building
wall above the door head; and
(iii) the thickness of the advertising device must not exceed 300mm; and
(iv) the sign face area of the advertising device must not exceed 4m2 ; and
(j) if the self-assessable advertising device is a home based business sign—
(i) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per premises; and
(ii) the advertising device may be a fence sign, a wall sign or a freestanding
sign; and
(iii) the sign face area of the advertising device must not exceed 750mm x
400mm or 0.3m2; and
(iv) the advertising device must not be displayed at a height in excess of 2m
above ground level directly adjacent to the advertising device; and
(v) the advertising device must display only the business name, occupation and
contact details of the home based business advertised on the advertising
device; and
(vi) the advertising device must not be illuminated or animated; and
(k) if the self-assessable advertising device is a multi-tenancy arcade sign—
(i) the advertising device may only be erected on premises if the premises
comprises multiple tenancies in an arcade format; and
(ii) the advertising device must contain the business name and logo of each
tenant of the arcade; and
(iii) the sign face area of the advertising device must not exceed 2m2 ; and
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(iv) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per street front boundary of the premises;
and
(l) if the self-assessable advertising device is a sporting field fence sign—
(i) the advertising device must be positioned on the inside (facing a sporting
field) side of the fence at a sporting field; and
(ii) the advertising device must not project above or beyond the fence to which
it is attached; and
(iii) the advertising device must not have a height in excess of 1.2m; and
(iv) the advertising device must not be placed so as to pose a risk of injury to
spectators or participants attending the sporting field; and
(m) if the self-assessable advertising device is a stall board sign—
(i) the advertising device must only be displayed on the area below a street
front window; and
(ii) the advertising device must be designed such that the sign face is recessed
inside the stall board; and
(iii) the advertising device must not protrude onto a road such that it could injure
or obstruct the passage of pedestrians; and
(iv) the sign face area of the advertising device must not exceed 4m2 ; and
(n) if the advertising device is a wall sign—
(i) the advertising device must not obscure any window or architectural feature
including the balustrade of the building to which the advertising device is
attached; and
(ii) the advertising device must not project beyond the edges of the wall to
which it is attached or over the boundary of any adjoining premises; and
(iii) the sign face area of the advertising device must not exceed 4m2 ; and
(iv) the thickness of the advertising device must not exceed 300mm; and
(o) if the advertising device is a window sign—
(i) the sign face area of the advertising device must not cover, or obscure,
whichever is the lesser of—
(A) more than 50% of the glazed area of the building to which the
advertising device is attached; or
(B) 4m2; and
(ii) as an alternative to paragraph (i)—the advertising device may include the
display of a maximum of 1 LCD/digital screen window sign to a maximum
size of 0.5m2, but the digital screen must not operate after 11.00pm or
before sunrise on any day; and
(p) if the self-assessable advertising device is a vertical sign—
(i) the sign face area of the advertising device must not exceed 1.5m2 per side;
and
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(ii) the advertising device must not project beyond any awning or verandah of
the building to which the advertising device is attached; and
(iii) the advertising device must not project above the roof line of the building to
which the advertising device is attached; and
(iv) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per premises (including premises which
comprise a multiple occupancy building).
5 General criteria and conditions for advertising devices
(1) The general criteria and conditions for the installation, erection and display of
advertising devices, including self-assessable advertising devices and approval required
advertising devices, are specified in subsections (2) to (12) inclusive.
(2) This subsection prescribes requirements about the sign face area for an advertising
device displayed, directly or indirectly, about the occupation of a tenancy as follows—
(a) the sign face area of an individual advertising device must not exceed 4m2 ; and
(b) if the premises on which the advertising device is installed is a shopping centre,
the sign face area of all advertising devices on the shopping centre must not
exceed whichever is the lesser of —
(i) a combination of—
(A) if the building comprising the shopping centre has 1 or more street
front boundaries— 10m2 for each shopping centre building façade
with a direct street frontage; and
(B) if the building comprising the shopping centre has 1 or more off-street
parking areas — 10m2 for each shopping centre building façade with
an off-street parking area; and
(ii) a combination of —
(A) if the building comprising the shopping centre has 1 or more street
front boundaries — 0.75m2 per linear metre for each shopping centre
building façade with a direct street frontage; and
(B) if the building comprising the shopping centre has 1 or more off-street
parking areas — 0.75m2 per linear metre of the boundary of each
shopping centre building façade which abuts an off-street parking
area; and
(c) if the premises on which 1 or more advertising devices is installed is 1 tenancy,
and regardless of whether the tenancy forms part of a shopping centre or not, the
sign face area of all advertising devices on the tenancy must not exceed whichever
is the lesser of—
(i) if the tenancy has a street front boundary or an off-street parking area, or a
combination of a street front boundary and an off-street parking area —
10m2; and
(ii) a combination of —
(A) if the tenancy has a street front boundary — 0.75m2 per linear metre
of the street front boundary of the tenancy; and
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(B) if the tenancy has an off-street parking area — 0.75m2 per linear metre
of the boundary of the off-street parking area which abuts the tenancy;
and
(d) for the avoidance of doubt, if the premises on which 1 or more advertising devices
is installed is a tenancy, and the tenancy forms part of a shopping centre, the sign
face area of all advertising devices on the tenancy and the shopping centre must
not exceed, collectively —
(i) for the shopping centre — a sign face area calculated in accordance with
paragraph (b); and
(ii) for the tenancy — a sign face area calculated in accordance with
paragraph (c); and
(e) the number of pylon signs on premises must be limited to 1 pylon sign per street
front boundary of the premises; and
(f) if the advertising device is installed on 1 tenancy within the Cooroy Industrial
Zone or the Noosaville Industrial Zone, but not located on premises fronting
Eumundi Noosa Road or Walter Hay Drive—the sign face area of the advertising
device must not exceed whichever is the lesser of—
(i) 0.75m2 per linear metre of the building on the street front boundary of the
tenancy; and
(ii) 6m2.
(3) This subsection prescribes general requirements for advertising devices as follows—
(a) the construction of the advertising device must be structurally sound; and
(b) the height, dimensions and overall size of the advertising device must not exceed
requirements prescribed under the authorising local law for the advertising device;
and
(c) the advertising device must not be installed on a local government controlled area
or road abutting land unless—
(i) it is not physically possible to install the advertising device on the land; and
(ii) the local government has granted an approval in respect of the installation of
the advertising device on the local government controlled area or road
abutting the land; and
(d) the advertising device must be of a professional standard and must not be hand
painted or written; and
(e) the advertising device must comply with the requirements of all levels of
government; and
(f) the advertising device must not be illuminated prior to the grant of an approval
which authorises the illumination of the advertising device; and
(g) the advertising device must be architecturally attractive and contribute to the
retention and enhancement of the character of the area in which the advertising
device is to be displayed.
(4) This subsection prescribes general design and amenity requirements for an advertising
device as follows—
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(a) the advertising device must be compatible with, complement, and not detract
from, the characteristics of the natural and built environment in which the
advertising device is displayed; and
(b) the advertising device must not detract from a building on, or the site or locality at
which, the advertising device is displayed; and
(c) the advertising device must be compatible with the scale, and extent of buildings
on the street front boundary of the premises and not be visually intrusive in the
streetscape or setting in which it is displayed; and
(d) the advertising device must be compatible with the scale, proportion, bulk and
other characteristics of the buildings, structures, landscapes and other advertising
devices on the premises on which the advertising device is displayed; and
(e) the advertising device must not detract from the architectural, urban or landscape
design standards of the locality (including any development approval conditions
relating to landscaping or streetscape improvement programs implemented by the
local government); and
(f) the advertising device must be designed and integrated into the built form, not
visually dominate the building and minimise visual clutter; and
(g) the advertising device must not adversely impact on the amenity of environmental
conservation areas, rural, rural residential or residential areas; and
(h) the advertising device must accommodate the legitimate need to provide
directions and business identification in a manner that is consistent with achieving
paragraphs (a) to (g) inclusive.
(5) This subsection prescribes view, vista and visual amenity requirements for the display
of an advertising device as follows—
(a) the advertising device must not block or compromise a view or vista of high
scenic amenity or impact on the visual amenity of scenic routes, high scenic areas,
heritage sites, character areas, public open space, or the major road network; and
(b) the advertising device must respect the amenity of other property owners and not
obscure, dominate or overcrowd the views of existing or prospective development
on neighbouring premises; and
(c) the advertising device must consider the cumulative effect of existing signage on
the premises on which the advertising device is displayed and not result in over-
signage; and
(d) the advertising device must not contribute to the proliferation of visual clutter nor
dominate the visual streetscape environment; and
(e) the advertising device must maintain views of vistas of significance in the public
domain.
(6) This subsection prescribes requirements about building façade for an advertising
device as follows—
(a) the advertising device, including any supporting structure of the advertising
device, fixing devices and services, must not detract from the appearance of a
building façade; and
(b) the advertising device must be considered as a design element to be incorporated
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in the existing elevational treatment of a building, in a manner which respects the
scale, style, alignments, patterns and other architectural features of the building;
and
(c) the advertising device must generally be confined to flat surfaces, such as a plain
wall, spandrel or parapet and not be positioned across a window, column,
balustrade or other design feature.
(7) This subsection prescribes requirements about safety for an advertising device as
follows—
(a) the advertising device must not create a traffic, pedestrian or cyclist safety hazard;
and
(b) the advertising device must be constructed to an appropriate standard to ensure
public safety; and
(c) where an advertising device uses electricity—the advertising device must be safe
with electrical componentry integrated into the advertising device; and
(d) the advertising device must not physically obstruct the passage of, or pose a
hazard for, pedestrians, cyclists or drivers of motor vehicles; and
(e) the advertising device must not restrict sight lines at an intersection or a site
access point; and
(f) the advertising device must be constructed such that no support, fixing or other
system required for the proper installation of the advertising device is exposed;
and
(g) the advertising device must be constructed such that conduits, wiring, switches
and other electrical apparatus installed on the advertising device are concealed
from view; and
(h) the advertising device must be constructed such that no electrical equipment is
mounted on an exposed surface of the advertising device.
(8) This subsection prescribes electrical supply infrastructure requirements for an
advertising device as follows—
(a) the advertising device must be installed an adequate, and safe, distance from
electrical infrastructure including any substation overhead power line, power pole
and transformer; and
(b) any structure associated with an advertising device must not be constructed under
overhead electricity transmission lines or within an electricity transmission line
easement.
(9) This subsection prescribes requirements about the maintenance of an advertising
device as follows—
(a) the advertising device must be maintained in good order and condition at all
times, including the maintenance of any ancillary works associated with the
display of the advertising device; and
(b) the maintenance obligation continues for as long as the advertising device remains
on display.
(10) This subsection prescribes requirements about the display of an advertising device at a
shopping centre as follows—the display of advertising devices at the shopping centre
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must be undertaken in compliance with any advertising device management plan
approved by the local government for the shopping centre.
(11) This subsection prescribes requirements about heritage and character for the display
of an advertising device as follows—if an advertising device is displayed on a heritage
site, or in a character area, identified on a heritage overlay map in the planning scheme
of the local government—the advertising device must be designed and sited having
regard to the context, character and architectural features of the heritage site or character
area.
(12) This subsection prescribes requirements about the installation, erection and display of
multiple advertising devices on premises as follows—
(a) where numerous small advertising devices are located adjacent to one another, the
number, size, position and height of each advertising device must be limited to
avoid visual clutter; and
(b) to avoid visual clutter, where more than 1 tenant or business occupies a building
or premises, advertising devices located on the building or premises, including
freestanding signs must be harmonious and coordinated in size and height.
6 Prohibited advertising devices
For the prescribed activity of the installation of advertising devices, the undertaking of
the prescribed activity is prohibited if the advertising device is 1 of the following—
(a) a combination of advertising devices on 1 tenancy, if the combined sign face area
of the advertising devices on the tenancy does not comply with the requirements
prescribed in section 5(2);
(b) an advertising device on 1 tenancy which does not comply with 1 or more of the
following —
(i) if the advertising device is a temporary advertising device which is a self-
assessable advertising device — a requirement prescribed in section 3;
(ii) if the advertising device is a permanent advertising device which is a self-
assessable advertising device — a requirement prescribed in section 4;
(iii) if the advertising device is an approval required advertising device — a
requirement prescribed in section 8;
(c) an animated sign;
(d) a balloon sign;
(e) a banner sign;
(f) a billboard;
(g) a blind sign;
(h) a bunting sign;
(i) a created roofline sign;
(j) a flashing sign;
(k) an inflatable advertising sign;
(l) a motor vehicle sign;
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(m) a moving sign;
(n) a neon sign;
(o) a portable illuminated sign;
(p) a portable interchangeable letter sign;
(q) a projected sign;
(r) a rooftop sign;
(s) a tear drop flag;
(t) a third party sign;
(u) a three dimensional sign;
(v) a trailer sign;
(w) a written roof sign;
(x) an advertising device attached to a tree or other vegetation;
(y) an advertising device attached to roadside infrastructure of the local government;
(z) another advertising device which is not identified in this schedule as—
(i) an approval required advertising device; or
(ii) a self-assessable advertising device.
7 Documents and materials that must accompany applications for approval
The documents and materials that must accompany an application for the prescribed
activity of the installation of an advertising device which is an approval required
advertising device are each of the following—
(a) a completed application form and compliance check list including—
(i) the name of the person and business making the application; and
(ii) landowner or body corporate consent for the advertising device type and
location; and
(iii) the trading name, address, telephone number and email address of the
business under which the approval is to be issued; and
(b) a site plan (including a building elevation plan) identifying the location of the
proposed advertising device; and
(c) details of the design, construction, dimensions and content of the advertising
device and how it is to be secured to prevent it from moving; and
(d) the times at which the advertising device will be displayed; and
(e) a copy of a public liability insurance policy —
(i) in an amount not less than $20,000,000 in respect of any one occurrence and
for an unlimited number of claims; and
(ii) which insures the applicant and the local government severally, for their
respective entitlements and interests, and which will remain current during
the term of the approval; and
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(f) the prescribed fee for the application, as determined by the local government's
schedule of fees and charges; and
(g) if the advertising device is to be installed at a shopping centre—an advertising
device management plan which contains particulars of each advertising device
which is to be installed at the shopping centre; and
(h) if the advertising device is to be installed on a heritage site, or in a character area,
identified on a heritage overlay map included in the planning scheme of the local
government—a “face-grid” analysis that—
(i) identifies the grid established by the elements of the façade such as
windows, door awnings, cornices, parapets, columns etc; and
(ii) identifies the most appropriate location for the advertising device but
generally aligns with the grid and positions the advertising device within a
flat surface such as a parapet or panel between openings and not located on
a column or other projecting elevation feature.
8 Additional criteria for the granting of approval
The local government may only grant an approval for the undertaking of the prescribed
activity of the installation of an advertising device which is an approval required
advertising device if the local government is satisfied the proposed operation and
management of the activity would be consistent with additional criteria as follows—
(a) if the advertising device is a freestanding sign, pylon sign or pole sign—
(i) the height of the advertising device must not exceed 5m above ground level
directly adjacent to the advertising device; and
(ii) the sign face area of the advertising device must not exceed 4m2 ; and
(iii) the number of advertising devices displayed on premises must not exceed a
maximum of 1 advertising device per street front boundary of the premises
(including premises with a multiple occupancy building on the premises);
and
(iv) the advertising device must be mounted as a freestanding structure in a
landscaped environment and must not be a “V” shaped sign; and
(v) the advertising device must be situated at least half its height from any
boundary of the premises on which the advertising device is installed; and
(vi) the advertising device must be designed and treated in such a way that the
supporting framework and the back of the sign face area of the advertising
device blends with the surrounding streetscape or field of view; and
(vii) the thickness of the advertising device must not exceed a maximum of
75mm per metre of height of the advertising device above ground level; and
(b) if the advertising device is an illuminated sign —
(i) the illuminated sign must not be installed or displayed in an area which is
identified in a zone map in the planning scheme of the local government as a
residential zone, rural residential zone, rural zone, environmental
management zone or conservation zone; and
(ii) the number of illuminated signs displayed on premises must not exceed a
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maximum of—
(A) 1 illuminated sign per tenancy; or
(B) if the premises are located on a street corner—1 illuminated sign per
street front boundary per tenancy; and
(iii) the illuminated sign must be appropriate to its setting and be compatible
with the visual amenity of the surrounding area; and
(iv) the illuminated sign must not cause an environmental nuisance or
distraction; and
(v) the illuminated sign must not create glare, reflection or flaring of colours;
and
(vi) the illuminated sign must not create a potential safety hazard, including a
traffic safety hazard; and
(vii) the level of illumination of the illuminated sign must not exceed a maximum
luminance of 350 candelas per square metre; and
(viii) the illuminated sign must not incorporate flashing lights; and
(ix) the illuminated sign must not be illuminated after 11.00pm or before sunrise
on any day; and
(x) the illuminated sign must not move or incorporate elements or moving
messages that give the impression of movement.
9 Conditions that must be imposed on approvals
No conditions that must be imposed on an approval prescribed.
10 Conditions that will ordinarily be imposed on approvals
The conditions that will ordinarily be imposed on an approval to undertake the
prescribed activity of the installation of an advertising device which is an approval
required advertising device are as follows—
(a) conditions that require the holder of the approval to take specified measures to
ensure that the undertaking of the prescribed activity complies with the general
criteria and conditions for the installation, erection and display of advertising
devices as specified in section 5; and
(b) conditions that require the holder of the approval to take specified measures to
ensure that the undertaking of the prescribed activity complies with the additional
criteria for the approval required advertising device as specified in section 8; and
(c) a condition that requires that the holder of the approval must maintain the
advertising device in a sound condition so that it does not create a visual or safety
hazard; and
(d) a condition that requires that the advertising device must be removed within 24
hours of the expiry of the approval for the advertising device.
11 Term of approval
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The term of an approval commences on the date the approval is granted and expires on
the date, if any, specified in the approval.
12 Term of renewal of approval
This section has been intentionally left blank.
13 Definitions for schedule
In this schedule—
above awning sign means any advertising device located on top of an awning or
verandah.
advertising device means a structure or device which is visible from a road or other
public place and which conveys information or directions of any kind (other than a
structure or device displayed pursuant to the authority or requirements of an Act) and
the term includes any structure forming part of the advertising device or to which the
advertising device is attached or on which it is displayed.
animated sign means any advertising device with movement, flashing or colour changes
requiring electrical or manufactured sources of power, but excluding any LCD/digital
screen window sign.
approval required advertising device, for the prescribed activity of the installation of an
advertising device, means each advertising device as follows—
(a) a freestanding sign;
(b) a pylon sign;
(c) a pole sign;
(d) an illuminated sign.
assessable development see Planning Act 2016, schedule 2.
assessment benchmarks see Planning Act 2016, schedule 2.
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awning fascia sign means any advertising device painted on, or otherwise attached to,
the front or end face of an awning or canopy structure that does not extend above or
below the fascia of the awning or canopy structure.
balloon sign means any shape, form or thing filled with gas or air and used to attract
attention to a business or place.
banner sign means any decorative flags, pennants or streamers connected by thread,
rope, wire, or any flexible materials.
billboard means any advertising device having a sign face area larger than 4m2.
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blind sign means any advertising device painted or otherwise attached to a solid or
flexible material suspended from the edge of an awning, verandah or wall.
building has the meaning given in the Building Act 1975.
bunting sign means any string of flags or any advertising device consisting of a string
of material, secured so as to allow movement.
business name plate means any advertising device intended to display the name or
occupation of a business occupant, whether painted or otherwise attached to a building
wall, fence or freestanding.
community service organisation means an incorporated association which is
incorporated under the Associations Incorporation Act 1981.
community service organisation sign means any advertising device of a community
service organisation, including an advertising device for a religious group or sporting
club.
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Cooroy Industrial Zone means the area within the suburb of Cooroy which is identified
in the Cooroy Local Plan Area zone map in the planning scheme of the local
government as medium impact industry zone or low impact industry zone.
created awning line sign means any advertising device attached to, and extending
beyond, the facia of an awning or the like.
created roofline sign means any advertising device positioned on the roof, façade or
wall of a building which changes the horizontal, or an angular, line of the roof.
development approval see Planning Act 2016, schedule 2.
development construction site hoarding means any material, including shade cloth,
used as an advertising device at a development or construction site which may include
the name and contact details of the builder, developer or a consultant for the
development or construction site which is attached to perimeter fencing or safety
fencing at the development or construction site.
election period, for an election, means the period—
(a) starting the day after the following relevant act is done—
(i) the writ for the election is issued; or
(ii) public notice of the election is given; and
(b) ending on the close of the poll in the election.
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election sign means a temporary sign advertising or promoting a political candidate or
candidates, a registered political party, or a campaign for a Commonwealth, State or
local government election —
(a) during an election period; or
(b) in relation to a referendum.
event directional sign means any advertising device intended to provide directional
information about the location of a community event, facility or feature, for example,
temporary events such as a fete, fair, festival, sporting event or similar event (but does
not include regular markets).
fence sign means any advertising device painted or affixed flush to a fence.
flagpole sign means any advertising device in the form of a flag, which includes any
national flag and company corporate flag, and is flown from a masthead or suspended
from any structure or pole.
flashing sign means any advertising device with light movement, but excluding any
LCD/digital screen window sign.
freestanding sign means any freestanding advertising device which—
(a) is detached from a building; and
(b) has a supporting structure that is solid appearing with a base constructed of a
permanent material, for example, a concrete block or brick; but
(c) does not include a pole sign or a pylon sign.
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garage sale sign means any advertising device that is displayed temporarily promoting
a household garage sale, including an advertising device displayed for directional
purposes.
hamper sign means any advertising device painted or otherwise attached above the door
head and below the awning level or verandah of a building.
height means the distance measured between the top of an advertising device and
ground level directly adjacent to the advertising device.
home based business sign means any advertising device on residential premises
promoting the name and contact details of a business operating from the residential
premises.
illuminated, for an advertising device, means that the advertising device has specifically
designed internal, or external, or both internal and external, means of illumination of the
whole or a portion of the advertising device.
illuminated sign means an advertising device that is illuminated.
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inflatable advertising sign means any advertising device comprising a shape, form or
thing filled with gas or air used to attract attention to a business or place.
LCD/digital screen window sign means an advertising device comprising content
capable of moving in a single LCD or digital screen placed behind the glass of a tenancy
window, usually as part of a window sign.
motor vehicle sign
(a) means any advertising device attached to, or mounted on, a vehicle, for example, a
stationary car, trailer, caravan, boat or truck, where—
(i) the advertising device is used to advertise a business or goods or services for
sale; and
(ii) the advertising device does not form part of the vehicle; but
(b) does not include car wrapping or business signage on business vehicles used for
business purposes.
moving sign means any advertising device capable of displaying moving messages, but
excluding any LCD/digital screen window sign.
multi-tenancy arcade sign means an advertising device which is —
(a) located on the façade of a building which accommodates 6 or more tenancies in an
arcade format; and
(b) intended to display the name or logo of the tenants of the building.
neon sign means any illuminated advertising device which gives a coloured glow when
electricity is passed through it in a sealed low pressure tube and includes any wording,
border or line formed by using neon tube lighting.
Noosaville Industrial Zone means the area within the suburb of Noosaville which is
identified in the Noosaville Local Plan Area zone map in the planning scheme of the
local government as medium impact industry zone or low impact industry zone.
permanent advertising device see section 4.
pole sign means—
(a) an advertising device which is freestanding on 1 or more vertical supports which
has a sign face area of not more than 4m2 ; and
(b) may have a face area consisting of separate slats, panels or components which are
removable and replaceable.
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portable illuminated sign means any freestanding moveable advertising device
illuminated by electricity or other means.
portable interchangeable letter sign means any portable self-supporting advertising
device displaying interchangeable letters (including a portable self-supporting
advertising device with built in wheels).
premises means any land, building or structure, and includes any part thereof.
prize home direction sign means an advertising device which provides directions to a
prize home.
prohibited advertising device, means each advertising device as follows—
(a) a combination of advertising devices on 1 tenancy, if the combined sign face area
of the advertising devices on the tenancy does not comply with the requirements
prescribed in section 5(2);
(b) an advertising device on 1 tenancy which does not comply with 1 or more of the
following —
(i) if the advertising device is a temporary advertising device which is a self-
assessable advertising device — a requirement prescribed in section 3;
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(ii) if the advertising device is a permanent advertising device which is a self-
assessable advertising device — a requirement prescribed in section 4;
(iii) if the advertising device is an approval required advertising device — a
requirement prescribed in section 8;
(c) an animated sign;
(d) a balloon sign;
(e) a banner sign;
(f) a billboard;
(g) a blind sign;
(h) a bunting sign;
(i) a created roofline sign;
(j) a flashing sign;
(k) an inflatable advertising sign;
(l) a motor vehicle sign;
(m) a moving sign;
(n) a neon sign;
(o) a portable illuminated sign;
(p) a portable interchangeable letter sign;
(q) a projected sign;
(r) a rooftop sign;
(s) a tear drop flag;
(t) a third party sign;
(u) a three dimensional sign;
(v) a trailer sign;
(w) a written roof sign;
(x) an advertising device attached to a tree or other vegetation;
(y) an advertising device attached to roadside infrastructure of the local government;
(z) another advertising device which is not identified in this schedule as—
(i) an approval required advertising device; or
(ii) a self-assessable advertising device.
projected sign means any projected advertising device displayed on a surface by the
projection of light or laser.
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public place has the meaning given in the Act.
pylon sign means any freestanding advertising device that incorporates its own
structure and is fixed to the ground.
real estate directional sign means any advertising device located on a public place for
the purpose of directing persons to real estate/properties offered for sale, auction, lease
or open for public inspection.
real estate sign means any temporary advertising device promoting the sale, auction,
lease or letting of premises.
roof means the protective covering, that covers or forms the top of a building.
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rooftop sign means any advertising device fitted to the roof of a building with no
relation to the architectural design or appearance of the building.
sandwich board/A frame sign means any portable advertising device which is used to
advertise a business, goods or services which are available at the tenancy.
self-assessable advertising device means an advertising device which—
(a) is identified as a self-assessable advertising device in paragraph (c); and
(b) is installed, erected or displayed in compliance with—
(i) if the self-assessable advertising device is a temporary advertising device —
the specific criteria and conditions for the self-assessable advertising device
in section 3; and
(ii) if the self-assessable advertising device is a permanent advertising device —
the specific criteria and conditions for the self-assessable advertising device
in section 4; and
(iii) the general criteria and conditions for the installation, erection and display
of advertising devices in section 5; and
(c) is an advertising device as follows—
(i) a development/construction site hoarding;
(ii) an election sign;
(iii) an event directional sign;
(iv) a real estate sign;
(v) a real estate directional sign;
(vi) a garage sale sign;
(vii) a prize home direction sign;
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(viii) an above awning sign;
(ix) an awning facia sign;
(x) an under awning sign;
(xi) a business name plate;
(xii) a community service organisation sign;
(xiii) a created awning line sign;
(xiv) a flag pole sign;
(xv) a fence sign;
(xvi) a hamper sign;
(xvii) a home based business sign;
(xviii) a multi-tenancy arcade sign;
(xix) a sandwich board / A frame sign;
(xx) a sporting field fence sign;
(xxi) a stall board sign;
(xxii) a wall sign;
(xxiii) a window sign;
(xxiv) a vertical sign.
shopping centre means the use of premises for an integrated shopping complex
consisting mainly of shops.
sign see advertising device.
sign face area—
(a) of an advertising device, means the area, measured around the perimeter of the
advertising device wholly containing all collective features of the advertising
device, inclusive of any words, logos, branding, images, colours, decorative lines,
stripes, borders and architectural trims that immediately surround and form part of
the advertising device;
(b) of an advertising device, includes the external painting of a building if—
(i) the external painting includes the use of colours in patterns, symbols,
messages or the like for business branding purposes; or
(ii) the external painting consists of signs which promote the business
conducted from the building or a product, event or activity undertaken at the
building; or
(iii) the external painting conveys information, instructions or directions relevant
to a business activity conducted from the building; but
(c) of an advertising device, subject to paragraph (b), does not include—
(i) the external painting of a building with a single colour or multiple colours or
paint trims where the colour or paint trim forms part of the architectural
treatment of the building and does not constitute corporate branding, but
notwithstanding this, natural colours consistent with the Noosa landscape
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are preferred and encouraged, and bold colours such as reds, blues and
yellows are not encouraged, and are not consistent with the Noosa look and
feel; or
(ii) safety, warning or wayfinding signs, where not part of a corporate logo.
sporting field fence sign means any advertising device painted or otherwise attached to
the inside of a fence around a sporting field.
stallboard sign means any advertising device painted or otherwise affixed below the
ground storey window of a building.
street front boundary
(a) of premises, means the length, measured in metres, along the alignment of the
premises abutting a road or abutting an access restriction strip directly between
the premises and a road; and
(b) if premises continuously abut more than 1 road or access restriction strip directly
between the premises and a road, the street front boundary dimensions shall be the
total length of those boundaries added together; and
(c) if premises have more than 1 street front boundary that is not continuous, each
street front boundary is to be considered separately.
structure has the meaning given in the Act.
tear drop flag means any freestanding advertising device comprising a single piece of
lightweight material attached or supported by a flexible pole that allows the material to
move in the wind.
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temporary advertising device see section 3.
tenancy means a lot or lease area over all or part of a lot where one or more businesses
operate from, including a lease within a shopping centre, but does not include a building
comprising a shopping centre.
third party sign means any advertising device which displays or promotes the name,
logo or symbol of a company, organisation or individual, service or product that does
not substantially occupy the tenancy, premises or building on which the advertising
device is displayed.
three dimensional sign means any advertising device which is designed to replicate or
copy a real world object or shape.
trailer sign means any advertising device mounted on a trailer with signs illuminated or
displayed whether flashing or constant unless used in conjunction with road works or
traffic control.
under awning sign means any advertising device attached underneath, or suspended
from, an awning, verandah or the like and above the footpath under the awning,
verandah or the like.
vehicle has the meaning given in the Transport Operations (Road Use Management)
Act 1995.
vertical sign means any advertising device attached to a building and mounted at right
angles to the façade of the building.
wall sign means any advertising device painted on or otherwise affixed flat to the wall
of a building.
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window sign means any advertising device painted on, displayed in, or otherwise
affixed to, the exterior or inner surface of a glazed area of a building, and may include
an LCD/digital screen window sign.
written roof sign means any advertising device that is painted or otherwise attached to
the roof cladding of a building.
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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, smell
or amenity issues caused by the animals, to ensure the nearby neighbours are not
adversely impacted.
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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 accommodation parks
Section 11
1 Prescribed activity
Operation of accommodation parks
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 on land if—
(a) the self-contained RV park provides for 5 or less spaces and no other short term
accommodation is provided on the land; and
(b) the operator of the self-contained RV park complies with the following—
(i) section 6(l)(vi) and (m)(i) and (iii) of this schedule; and
(ii) if no water is provided at the self-contained RV park, and no liquid or solid
waste may be left or disposed of onsite at the self-contained RV park—the
placing of self-contained RVs at the self-contained RV park is limited to a
maximum of 4 consecutive nights; and
(iii) the land used for the operation of the self-contained RV park must—
(A) be zoned rural; and
(B) have an area greater than 10 hectares; and
(iv) vehicles (including self-contained RVs) must be able to safely enter and exit
the self-contained RV park.
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
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(viii) the location and number of sites within the accommodation park
(including each site proposed to be used to accommodate
self-contained RV overnight parking); 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
The following criteria may be considered when granting an approval—
(a) whether the accommodation park 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 accommodation park are at an acceptable standard or
can be bought to an acceptable standard.
5 Conditions that must be imposed on approvals
This section has been intentionally left blank
6 Conditions that will ordinarily be imposed on approvals
(1) The conditions that will ordinarily be imposed on an approval are the following—
(a) each site must be large enough to allow a 1.8 m separation distance between
sites, or if a device is used to secure a tent, between the device and the
adjacent tent or device 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) unless permanent on site accommodation is fitted with a sanitary
convenience, and shower or bath and hand wash basin as a minimum
standard, provide for the exclusive use of the occupants separate sanitary
conveniences and ablution facilities for each sex in accordance with the
table below; and
Table A (NB: facilities must be located at least 6m, but no more than 100m
from the site)
No. of No. of water No. of water Length of
sites closets and pans closets and urinals for
for females pans for males males
Up to 40 1 for every 7 sites 1 for every 10 0.6m for every
of part thereof sites or part 20 sites or part
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thereof thereof
Over 40 6 plus an 4 plus an 0.6m for every
additional 1 for additional 1 for 20 sites or part
every 15 sites or every 15 sites or thereof
part thereof in part thereof in
excess of 40 sites excess of 40
sites
No. of No. of shower No. of shower
sites cubicles or bath cubicles or bath
facilities and facilities and
hand wash hand wash
basins for basins for
females males
Up to 40 1 for every 10 1 for every 10
sites or part sites or part
thereof thereof
Over 40 1 for every 10 1 for every 10
sites or part sites or part
thereof thereof
(d) in any case, provide -
(i) for each 40 sites, or part thereof, at least 1 such closet fixture and 1
shower facility with a compartment or cubicle that is constructed,
equipped and provided with access in accordance with AS1428,
Code of Practice for Design Rules for Access by the disabled;
and
(ii) where unisex toilets are permitted by the local government, the total
number of toilets are not reduced below the combined threshold for
males and females in Table A.
(e) ensure all sanitary conveniences are constructed to ensure privacy to the
satisfaction of an authorized person; and
(f) excluding on site permanent accommodation which is fitted with
ablutionary facilities, provide for the exclusive use of the occupants separate
ablutionary facilities as per Table A above; and
(g) ensure a shower or bath facilities are installed—
(iii) with separate drainage points for the discharge of water into either an
approved sewer or septic tank or treatment device; and
(iv) in a separate compartment or cubicle which is constructed to ensure
privacy to the satisfaction of an authorized person; and
(h) provide for exclusive use of the occupants, laundry facilities in the ratio of 1
laundry tub and 1 clothes washing machine and 1 clothes hoist, or an
equivalent length of clothes line, for every 20 sites or part thereof; and
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(i) provide connection to either an approved sewer or septic tank or treatment
device in conformity with the requirements of the local government for the
carrying off and disposal of all wastes from every water closet fixture,
urinal, ablutionary facility, laundry facility and site; and
(j) provide, at a distance not more than 10m from any site, a waste water
disposal point which is—
(i) provided with a water stand pipe; and
(ii) provided with an impervious paved area measuring not less than 1m x
1m and graded to a central drainage inlet which is connected to
sewage or a drainage system; and
(k) the operation of the accommodation park must—
(i) not attract fly breeding or vermin infestation; and
(ii) be kept free of pests and conditions offering harbourage for pests; and
(l) the approval holder must—
(i) 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
(ii) maintain a potable water supply for drinking and cooking purposes;
and
(iii) ensure that any water supply outlet for non-potable water is
prominently and permanently labelled with the words “Not fit for
human consumption”; and
(iv) ensure that electricity is provided as part of the operations; and
(v) 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
(vi) ensure that the undertaking of the prescribed activity does not
adversely impact on any nearby property; and
(vii) ensure that the maximum number of persons accommodated at the
accommodation park does not exceed the limit specified on the
development approval for the accommodation park; and
(viii) ensure that the accommodation park is serviced by an approved refuse
removal service; and
(m) the accommodation park must be maintained to provide a safe and habitable
environment for all residents of the accommodation park, including—
(i) all buildings, structures, 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—
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(A) the name and address of each person who hires a 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) will not ordinarily be imposed on an
approval for the operation of an accommodation park that commenced operation
before the commencement of this subordinate local law.
(3) However, the conditions mentioned in subsection (1)(c) will ordinarily be
imposed on the operation of an accommodation park that commenced operation
before the commencement of this subordinate local law if the facilities mentioned
in subsection (1)(c) 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.
9
In this schedule—
self-contained RV means a recreational vehicle (RV) that—
(a) is designed to hold fresh water, greywater and black water on board; and
(b) has on board cooking and sleeping facilities.
self-contained RV park means a place set aside for parking and residing in self-
contained RVs.
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Schedule 13 Operation of shared facility accommodation
Section 11
1. Prescribed activity
Operation of shared facility accommodation.
Example: hostel, backpacker accommodation
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) application form; and
(b) the appropriate fees as determined in the local government’s schedule of
fees and charges; and
(c) the documents, information and materials identified in the application form
for the prescribed activity.
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding whether or not to grant the
approval—
(a) whether the approval includes a pest management plan, incorporating—
(i) the prevention of the introduction of pests; and
(ii) the maintenance required to prevent the harbourage of pests; and
(iii) procedures to monitor the detection of the presence of pests; and
(iv) intervention strategies when pests are detected; and
(v) record keeping pertaining to the plan; and
(b) whether the premises will be suitable and convenient for operation as shared
facility accommodation and will provide a proper standard of hygiene,
safety and comfort in the opinion of an authorised person.
5 Conditions that must be imposed on approvals
The conditions that must be imposed on an approval are that the approval holder
and the operator of the shared facility accommodation must—
(a) ensure that the shared facility accommodation is kept in a clean and sanitary
condition to the satisfaction of an authorised person; and
(b) ensure that the shared facility accommodation is maintained in a good
state of repair and working order to the satisfaction of an authorised
person; and
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(c) ensure that all fixtures, equipment, fittings and furniture is kept in a good
state of repair and working order to the satisfaction of an authorised
person; and
(d) reside, or delegate an approved representative to reside, at the shared
facility accommodation at all times; and
(e) keep a register which includes the following details—
(v) the name and address of each occupant; and
(vi) the date of each occupant's arrival at, and departure from, the
shared facility accommodation; and
(vii) the number of the bedroom and bed allocated to each occupant; and
(f) keep a record of all fire safety management plans, and
(g) keep a record of pest control, and
(h) keep appropriate records for any swimming pool as required by, and to the
satisfaction of, an authorised person; and
(i) keep an up-to-date site plan that identifies all rooms, bed allocation and
communal facilities; and
(j) ensure that all records and site plans are maintained and made available for
perusal by an authorised person on request, and kept at the office at the
shared facility accommodation at all times while the office is open and in
a fireproof safe located at the shared facility accommodation when the
office is not open and saved and backed up electronically off site; and
(k) not make any changes or alterations to the shared facility accommodation
without the prior approval of the local government with such application
for approval to be submitted in writing; and
(l) establish and maintain at the shared facility accommodation a clearly
designated office; and
(m) ensure that occupants can contact emergency services at all times; and
(n) provide shared or communal areas and facilities and maintain such areas
and facilities in a good condition to the satisfaction of an authorised
person; and
(o) provide a set of clean sheets or clean sheet sleeping envelopes to each
occupant on arrival at the shared facility accommodation; and
(p) ensure all light fittings and other ceiling and wall projections (including
ceiling and wall fans) are provided with safety guards or positioned so as
not to be a danger to any occupant of a bedroom in the shared facility
accommodation to the satisfaction of an authorised person; and
(q) ensure all rooms are clearly numbered.
6 Conditions that will ordinarily be imposed on approvals
The following conditions will ordinarily be imposed on an approval—
(a) the approval holder may be required to—
(i) provide kitchen, clothes washing, clothes drying, bathroom, rooms,
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shower and toilet facilities and maintain such facilities in a good
condition to the satisfaction of an authorised person; and
(ii) provide furniture, fittings, equipment and chattels and maintain
such items in a good condition to the satisfaction of an authorised
person; and
(iii) ensure that no cooking or facilities for cooking are allowed in any
bedroom of the shared facility accommodation; and
(iv) ensure that sleeping bags are not used to sleep on any bed in the
shared facility accommodation; and
(v) provide a secure, lockable storage area for the purpose of storing
occupants' packs and luggage; and·
(vi) ensure that in any bunk, the distance between the surface of—
(A) the lower bed and the base of the upper bed is at least 87cm;
and
(B) the upper bed and the ceiling is at least 100cm; and
(vii) provide adequate under cover dining room seating for a minimum
of 25% of the maximum potential number of occupants at the shared
facility accommodation; and
(viii) ensure that towels and bed linen supplied are replaced with clean
towels and bed linen before a change of occupancy, or replaced
every third day thereafter until occupancy has ceased; and
(ix) provide the following kitchen facilities at the shared facility
accommodation to enable occupants to prepare a substantial
meal—
(A) one hand wash basin with hot and cold water delivered
through a common outlet in each kitchen; and
(B) refrigerator space which is sufficient to meet the reasonable
needs of the maximum potential number of occupants at the
shared facility accommodation; and
(C) vermin proof dry food storage space which is sufficient to
meet the reasonable needs of the maximum potential number
of occupants at the shared facility accommodation; and
(D) washing up sinks or dishwashers which are sufficient to meet
the reasonable needs of the maximum potential number of
occupants at the shared facility accommodation.
(b) the approval may state—
(i) the approved use of 1 or more rooms; and
(ii) the number of beds that may be placed and the number of persons
who may sleep—
(A) in a specified room in the premises; or
(B) in the premises as a whole.
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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
This section has been intentionally left blank.
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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 Spa 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.
4 Additional criteria for the granting of approval
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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 contact 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) construct, install or build a driveway access or vehicle crossover in accordance
with the standards set by the local government;
(c) lighting or maintaining a fire in an accommodation park, in accordance with
the local government policy for the particular accommodation 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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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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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
(b) regulate the time within which the activity must be carried out; and
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(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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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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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 21A Operation of short stay letting or home hosted
accommodation
Section 11
1 Prescribed activity
Operation of short stay letting or home hosted accommodation.
2 Activities that do not require approval under the authorising local law
An approval is not required in respect of the undertaking of the prescribed activity
if the prescribed activity is undertaken at any of the following premises —
(a) all premises located within the Hastings Street Mixed Use Precinct as
identified in the planning scheme of the local government; or
(b) premises located at any of the following sites—
(i) lot 1 on SP286680, 215 David Low Way, Peregian Beach;
(ii) SP190823 and SP151409, 3-5 Morwong Drive, Noosa Heads,
(Viridian Noosa Resort);
(iii) lot 10 and lot 11 on SP195871, 3-7 Serenity Close, Noosa Heads
(Settlers Cove resort site);
(iv) lot 203 on SP267424 and lot 3 on SP126203, 94 or 142 Noosa
Drive, Noosa Heads (RACV Resort and adjoining land);
(v) GTP102758, 73 Hilton Terrace, Noosaville (Ivory Palms Resort);
(vi) SP115731, 3 Hilton Terrace, Tewantin (Noosa Lakes Resort);
(vii) lot 2 on RP135678, 1 Beach Road, Noosa North Shore;
(viii) lot 2 on SP186169, 30 Beach Road, Noosa North Shore;
(ix) lot 500 on SP215779 and lot 500 on SP186174 and any of the
Beach Road Holiday Homes, 90 Beach Road, Noosa North Shore;
(x) lot 2 on RP865533, 2 Halse Lane, Noosa Heads (Halse Lodge);
(xi) lot 4 on SP178340, 61 Noosa Springs Drive, Noosa Heads.
3 Documents and materials that must accompany applications for approval
The following documents and materials must accompany an application for an
approval for the operation of short stay letting or home hosted accommodation at
premises—
(a) application form; and
(b) the appropriate fees as determined in the local government’s schedule of fees
and charges; and
(c) the documents, information and materials identified in the application form
for the prescribed activity; and
(d) a plan of the premises and specifications for the operation of the short stay
letting or home hosted accommodation including—
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(i) a site plan showing the location of all buildings, including any
outdoor entertainment areas, swimming pool or spa, vehicle
parking areas and the location of windows and door openings of
adjoining dwellings; and
(ii) a floor plan; and
(iii) the use proposed in respect of each room and the maximum
number of persons to be accommodated in each bedroom; and
(e) written confirmation that—
(i) the use of the premises for the operation of short stay letting or
home hosted accommodation is authorised—
(A) by a development approval granted by the local
government; or
(B) as accepted development or accepted development subject
to requirement provisions of the local government’s
planning scheme; or
(C) by lawful use rights in existence on the date the application
is made to the local government; and
(ii) the operation of short stay letting or home hosted accommodation
at the premises complies with—
(A) if development approval conditions apply to the operation
of the prescribed activity at the premises — the
development approval conditions; or
(B) if development approval conditions do not apply to the
operation of the prescribed activity at the premises — the
planning scheme of the local government which applied at
the time the operation of the prescribed activity
commenced at the premises; and
(f) written confirmation that the premises will not be used for the purposes of a
party house as defined in the Planning Act 2016, section 276; and
(g) written confirmation that, under the Building Act 1975—
(i) the premises are lawfully constructed; and
(ii) the use of the premises for the prescribed activity is authorised by the
classification attributable to the premises; and’.
(h) if a pool is situated on the premises — written confirmation that a current
pool safety certificate has been issued by a QBCC licensed pool safety
inspector and that a current pool safety certificate will be maintained at all
times; and
(i) written confirmation that a current electrical safety certificate of
compliance has been issued by a licensed electrical contractor for each
smoke alarm at the premises; and
(j) if the application is for an approval to operate short stay letting — a written
statement that —
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(i) identifies the name and telephone number of the contact person
(which may include the name and contact details of an individual,
letting agency, property manager, security firm or the like) for the
purposes of the operation of the short stay letting at the premises;
and
(ii) confirms that the contact person is available 24 hours a day, 7 days
a week; and
(iii) confirms that the contact person resides, or has a place of business,
within a 20 kilometer radius of the premises; and
(iv) confirms that the contact person is to be responsible for the
supervision and management of the premises, including addressing
complaints about the use of the premises for short stay letting and
visitor queries.
4 Additional criteria for the granting of approval
The local government may only grant an approval (or renew an approval) for the
operation of short stay letting or home hosted accommodation at premises if it is
satisfied the proposed operation and management of the activity would be
consistent with each of the following additional criteria—
(a) the applicant is the owner of the premises, or is authorised in writing
by the owner of the premises, used for the short stay letting or home
hosted accommodation;
(b) the operation of the short stay letting or home hosted accommodation
can be lawfully conducted on the premises;
(c) the matters which are the subject of the conditions specified in
section 6 of this schedule which are relevant to the operation of the
short stay letting or home hosted accommodation at the premises can
be adequately addressed by the imposition of conditions;
(d) the applicant’s history in respect of the operation of short stay letting
or home hosted accommodation at the premises or other premises and
any suspensions or cancellations pursuant to section 17 or 19 of the
authorising local law;
(e) the operation of the short stay letting or home hosted accommodation
must comply with the following criteria—
(i) the operation of the short stay letting or home hosted
accommodation must comply with—
(A) any relevant development approval; or
(B) accepted development or accepted development subject
to requirement provisions of the local government’s
planning scheme; or
(C) for premises with lawful use rights — the local
government’s planning scheme which applied at the
date the lawful use commenced;
(ii) the operation of the short stay letting or home hosted
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accommodation at the premises must not detrimentally affect
the residential amenity (including, but not limited to, noise,
overlooking or light spill) enjoyed byresidents adjoining, or in the
vicinity of, the premises ;
(iii) adequate on-site vehicular parking facilities must be provided at
the premises;
(f) if the application is for an approval to operate short stay letting at
premises — the applicant must provide to the local government up to
date details of a person (contact person) (which may include the name
and contact details of an individual, letting agent, property manager,
security firm or the like) being a person who—
(i) is available 24 hours a day, 7 days a week; and
(ii) resides, or has a place of business, within a 20 kilometer radius
of the premises; and
(iii) will be responsible for the supervision and management of the
premises, including addressing complaints about the use of the
premises for short stay letting and visitor queries.
5 Conditions that must be imposed on approvals
No condition must be imposed on an approval for the operation of short stay letting
or home hosted accommodation at premises.
6 Conditions that will ordinarily be imposed on approvals
(1) This section specifies the conditions that will ordinarily be imposed on an approval
for the operation of short stay letting or home hosted accommodation at
premises.
(2) If the approval is for the operation of short stay letting —
(a) an up to date contact person must be identified for the premises at all
times (which may include an individual, letting agent, property manager,
security firm or the like), who —
(i) is available 24 hours a day, 7 days a week; and
(ii) resides, or has a place of business, within a 20 kilometer radius of
the premises; and
(iii) is responsible for the supervision and management of the premises,
including addressing complaints about the use of the premises for
short stay letting and visitor queries; and
(iv) is responsible for responding to each complaint —
(A) within 30 minutes of receipt of notification of the
complaint; or
(B) if the premises forms part of the letting pool within an
on-site managed complex — within the time frame
specified by the letting agreement for the complex, or 30
minutes, whichever is the lesser; or
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(C) if the premises forms part of a community titles scheme
and does not form part of the letting pool within an on-site
managed complex — within the time frame specified by
the body corporate bylaws or 30 minutes, whichever is
the lesser and if a time frame is not specified in the body
corporate bylaws, within 30 minutes; and
(v) is responsible for resolving each complaint at the premises,
including ensuring compliance with the requirements of the code
of conduct for guest behavior; and
(b) if the premises does not form part of a community titles scheme —
(i) the holder of the approval must prominently and permanently
display a current, and up to date, written notice (approval notice)
at the front of the premises; and
(ii) the approval notice must be visible to members of the public at all
times; and
(iii) ; the size of the approval notice must be a minimum and maximum
size of 0.2m2; and
(iv) the approval notice must specify, in letters and numbers not less
than 50mm in height—
(A) the current, and up to date, contact details for a complaint;
and
(B) the approval number allocated by the local government to
the approval for the undertaking of the prescribed activity at
the premises; and
(c) if the premises forms part of a community titles scheme, the holder of the
approval must notify the body corporate of the approval and display an
approval notice which complies with the requirements specified in
subsection (2)(b)(i) to (iv) inclusive.
(3) If the approval is for the operation of short stay letting or home hosted
accommodation at premises—
(a) the operation of the short stay letting or home hosted accommodation
must not detrimentally affect the residential amenity (including but not
limited to noise, overlooking or light spill) enjoyed by residents
adjoining, or in the vicinity of, the premises; and
(b) the operation of the short stay letting or home hosted accommodation at
the premises must not constitute a nuisance (including a noise nuisance);
and
(c) adequate provision must be made at the premises for occupants to enter
and leave the premises without causing disturbance to adjoining residents;
and
(d) adequate provision must be made for the parking of vehicles, including
boats, trailers, jet skis and the like, on the premises including a vehicle
used by a person occupying the premises, and all vehicles must—
(i) be stored in a manner that does not cause a nuisance or
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inconvenience to adjoining premises; and
(ii) be parked within the parking facilities at the premises where
provided; and
(e) the operation of short stay letting or home hosted accommodation must
not make provision for any occupant of the premises to sleep or camp on
the premises in a tent, caravan, campervan or similar facility; and
(f) the holder of the approval must, at all times, hold and maintain a
broadform public liability insurance policy which provides indemnity—
(i) in an amount not less than $10,000,000.00 or another amount
specified by the local government; and
(ii) in respect of the use of the premises for the operation of short stay
letting or home hosted accommodation; and
(g) waste containers that are provided as part of the operation of the short stay
letting or home hosted accommodation must, at all times, be regularly
cleaned and maintained in a clean, tidy, sanitary and hygienic condition;
and
(h) if the premises does not form part of a community titles scheme where
waste containers are managed by the body corporate — each of the
approval holder and, if the contact person is not the approval holder, the
contact person, must—
(i) place the waste container for the premises on the kerb side frontage
of the premises, for the collection of general waste from the
container; and
(ii) ensure that the container is placed on the kerb side frontage for no
longer than 24 hours before or after the scheduled collection day
for the collection of waste in the container;
(iii) if the premises are not provided with a kerb side frontage general
waste collection service — ensure that general waste from the
premises is removed from the premises and disposed of at a
general waste facility; and
(i) the code of conduct for guest behavior for the use, or occupation, of the
premises must be—
(i) displayed in a manner, and in a prominent location within the
premises, so that it can be viewed by persons using, or occupying,
the premises; and
(ii) made available by the holder of the approval, or the contact person,
to all users and occupants of the premises, including on any
website or social media used to promote the use of the premises
for short stay letting or home hosted accommodation; and
(j) each of the approval holder and, if the contact person is not the approval
holder, the contact person, must keep and maintain a written record of each
complaint received by the contact person including, as a minimum and for a
period of not less than 2 years, the following information about each
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complaint —
(i) details of the complaint; and
(ii) the date and time of receipt of the complaint; and
(iii) details of how the complaint was resolved or addressed; and
(k) each of the approval holder and, if the contact person is not the approval
holder, the contact person, must, for a period of not less than 2 years keep
and maintain a register of the use of the premises and record in the register,
each of the following —
(i) on each occasion on which the premises are used, or occupied, on a
commercial basis —
(A) the number of adults who are occupants of the premises; and
(B) the number of minors, an individual who is under 18, who are
occupants of the premises; and
(ii) the dates when each person’s use, or occupation, of the premises for
short stay letting began and ended; and
(iii) the number of guests of each person who uses, or occupies, the
premises for short stay letting; and
(l) each of the approval holder and, if the contact person is not the approval
holder, the contact person, must make available, for inspection by the local
government, within 5 business days of receipt of a written request given at
any time, each of—
(i) the written record of complaints referred to in paragraph (j); and
(ii) the register referred to in paragraph (k); and
(m) each of the approval holder and, if the contact person is not the approval
holder, the contact person, must require each occupant of the premises to
comply with each of the following conditions (collectively the code of
conduct for guest behaviour)—
(i) each vehicle used by an occupant of the premises must—
(A) be stored in a manner that does not cause a nuisance or
inconvenience to adjoining premises; and
(B) be parked within the parking facilities at the premises;
(ii) each occupant of the premises who enters, uses or occupies the
premises, including any outdoor area of the premises, for example,
an outdoor entertainment area, ,deck, balcony, swimming pool or
spa, must not—
(A) detrimentally affect the residential amenity (including but
not limited to noise, overlooking or light spill) enjoyed by
residents adjoining, or in the vicinity of, the premises; or
(B) cause a nuisance (including a noise nuisance); or
(C) display unacceptable behavior, for example—
• loud aggressive behaviour;
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• yelling, screaming, arguing;
• excessively loud cheering, clapping or singing; or
(D) create a level of noise which is in excess of the acceptable
levels described by Queensland Government legislation for
environmental protection (noise);
(iii) an occupant of the premises must not sleep or camp on the
premises in a tent, caravan, campervan or similar facility;
(iv) pets occupying the premises must be managed and not cause a
nuisance (including a noise nuisance);
(v) each occupant of the premises must store general waste (including
the separation of recyclable waste) produced as a result of the
ordinary use or occupation of the premises in a waste container;
(vi) each occupant of the premises must ensure that the premises,
including the grounds of the premises, are kept in a safe and tidy
condition.
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.
9 Definitions for schedule
In this schedule —
body corporate has the meaning given in the Body Corporate and Community
Management Act 1997.
building has the meaning given in the Building Act 1975.
code of conduct for guest behaviour has the meaning given in section 6(3)(m).
community titles scheme has the meaning given in the Body Corporate and Community
Management Act 1997.
contact person has the meaning given in section section 4(f).
approval notice has the meaning given in section 6(2)(b).
development approval has the meaning given in the Planning Act 2016.
general waste has the meaning given in Local Law No. 7 (Waste Management) 2018.
occupant, of premises, means a person who uses, or occupies, the premises, including a
visitor to the premises.
planning scheme means the planning scheme of the local government.
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vehicle has the meaning given in the Transport Operations (Road Use Management)
Act 1995.
waste container see Local Law No. 7 (Waste Management) 2018..
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
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law;
(c) the applicant has been issued a commercial use permit by the local government to
operate in the controlled area;
(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).
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8 Term of renewal of approval
Approvals are not renewable or transferrable
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.
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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 provided 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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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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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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