Part 1 Preliminary
1 Short title ¶ p. 3
This local law may be cited as Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015.
2 Purpose and how it is to be achieved ¶ p. 3
The purpose of this local law is to—
protect the health and safety of persons using local government controlled land, facilities, infrastructure and roads; and
preserve features of the natural and built environment and other aspects of the amenity of local government controlled land, facilities, infrastructure and roads.
The purpose is to be achieved by providing for—
the regulation of access to local government controlled areas; and
the prohibition or restriction of particular activities on local government controlled areas or roads; and
miscellaneous matters affecting roads.
3 Definitions—the dictionary ¶ p. 3
The dictionary in the schedule defines particular words used in this local law.
4 Relationship with other laws1 ¶ p. 3
This local law is—
in addition to and does not derogate from laws2 regulating the use of trust land and roads; and
is to be read with Local Law No. 1 (Administration) 2015.
1 This local law and any subordinate local law made under it do not apply to the extent of any inconsistency with a law of the State or the Commonwealth. See the Act, section 27. Other legislation that may be relevant in the application of this local law includes the Land Act 1994, the Land Regulation 1995 and the Land Protection (Pest and Stock Route Management) Act 2002.
Part 2 Use of local government controlled areas, facilities and roads3
5 Prohibited and restricted activities ¶ p. 4
The local government may, by subordinate local law, declare an activity to be—
prohibited in a local government controlled area or road (a prohibited activity); or
restricted in a local government controlled area or road (a restricted activity).
Example for paragraph (a)— The local government may declare that the lighting of fires is a prohibited activity in all local government controlled areas, in a particular local government controlled area or in a part of a local government controlled area.
Example for paragraph (b)- The local government may declare that the playing of sport generally, or the playing of certain sports, is a restricted activity in that it is restricted to particular times of the day, week, month or year in all local government controlled areas, in a particular local government controlled area or in a part of a local government controlled area.
The local government must take reasonable steps to provide notice to members of the public regarding restricted activities declared for local government controlled areas or roads.
In this section— reasonable steps may include the display of a notice at a prominent place within each local government controlled area for which a declaration under subsection (1) has been made, stating—
if the declaration relates to the whole area—the restricted activities for the area; and
if the declaration relates to a part of the area—the restricted activities and a description of the part of the area to which the declaration applies; and
in general terms, the provisions of subsection (4).
A person must not engage in a prohibited activity or a restricted activity.
Maximum penalty - 20 penalty units
6 Motor vehicle access to local government controlled areas ¶ p. 4
A motor vehicle access area is an area within a local government controlled area that is— 3 Local Law No. 1 (Administration) 2015 deals with activities on local government controlled areas and roads that require the local government’s approval, such as commercial use of local government controlled areas and roads, alterations or improvements to local government controlled areas, and other miscellaneous regulated activities.
a car park or roadway for which there is no sign or traffic control device indicating that vehicles owned by members of the public are excluded; or
declared under a subordinate local law for this paragraph as a motor vehicle access area.
For the purposes of Local Law No.1 (Administration) 2015, section 5(b), it is a prescribed activity4 to bring a motor vehicle onto or drive a motor vehicle on any part of a local government controlled area that is not a motor vehicle access area.
The local government may, by subordinate local law, declare a specific type of motor vehicle (a prohibited vehicle) as prohibited in a specified motor vehicle access area.
For the purposes of Local Law No.1 (Administration) 2015, section 5(b), it is a prescribed activity5 to bring a prohibited vehicle onto or drive a prohibited vehicle on the specified motor vehicle access area.
However, subsections (2) and (4) do not apply for an emergency vehicle.
The local government must take reasonable steps to provide notice to members of the public regarding—
declarations of motor vehicle access areas under subsection (1)(b); and
declarations of prohibited vehicles under subsection (3).
In this section— emergency vehicle includes the following—
an ambulance;
a fire-engine;
a police vehicle;
another vehicle, including a tow truck, helicopter or mobile crane, if used in circumstances of an emergency. reasonable steps include, as a minimum, the display of a notice at a prominent place within each declared motor vehicle access area stating—
a description of the declared motor vehicle access area; and
a description of prohibited vehicles for the area; and
in general terms, the provisions of subsections (2) and (4).
7 Opening hours of local government controlled areas ¶ p. 5
The local government may, by subordinate local law, declare the times when a local government controlled area is open to the public (the opening hours).
A person must not enter or remain in a local government controlled area outside 4 Local Law No.1 (Administration) 2015, section 6, creates an offence for a person to undertake a prescribed activity without a current approval granted by the local government. Section 7 requires that the approval be obtained under part 2 of that local law. See footnote 3. the opening hours unless the person is authorised to do so by the chief executive officer6.
Maximum penalty for subsection (2)—20 penalty units.
If the local government declares the opening hours for a local government controlled area under subsection (1), it must place a notice showing the opening hours at each public entrance to the area.
8 Power of closure of local government controlled areas ¶ p. 6
The local government may, by resolution, temporarily close a local government controlled area to public access—
to carry out construction, maintenance, repair or restoration work; or
to protect the health and safety of a person or the security of a person’s property; or
because of a fire or other natural disaster; or
to conserve or protect the cultural or natural resources of the area or native wildlife.
A resolution under subsection (1)—
must state a period, not greater than 6 months, during which the area will be closed; and
must be revoked by the local government as soon as practicable after the local government becomes satisfied that the reason for making the resolution no longer exists.
The local government may, by subordinate local law, permanently close a local government controlled area to public access for any of the following reasons—
the conservation of the cultural or natural resources of the area, including, for example—
to protect significant cultural or natural resources; or
to enable the restoration or rehabilitation of the area; or
to protect a breeding area for native wildlife; or
to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or
to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom;
protection of the health and safety of members of the public;
protection of a facility or service in the area, including, for example, infrastructure, water supply facilities or power generating equipment;
protection of the amenity of an area adjacent to the area;
the orderly or proper management of the area. See definition of chief executive officer in the Act, schedule 4.
If the local government closes a local government controlled area under subsections (1) or (3), it must place at each public entrance to the area a notice of the closure, including a statement of the duration of the closure.
Example— If the local government closes an area that is part of a wider local government controlled area, it must place notices at each public entrance to the closed area.
A person must not enter or remain in a local government controlled area while it is closed to public access under this section, unless the person is authorised to do so by the chief executive officer.
Maximum penalty for subsection (5)—20 penalty units.
In this section— significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003, section 9. significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003, section 9.
Part 3 Matters affecting roads
9 Power to require owner of land adjoining road to fence land ¶ p. 7
This section applies if, in the local government’s opinion, it is necessary for land adjoining a road to be fenced to prevent the risk of—
animals escaping from the land onto the road; or
interference with the safe movement of traffic or the safe use of the road.
The local government may, by giving a compliance notice7 to the owner—
if the land is not currently fenced—require the owner to fence the land; or
if a current fence on the land is in disrepair—require the owner to repair or replace the fence.
The local government may, by subordinate local law, set out the minimum standards with which the fence must comply.
In this section— animal does not include a native animal, feral animal or pest animal. feral animal see Animal Care and Protection Act 2001, section 42. pest animal see Animal Care and Protection Act 2001, section 42. See Local Law No.1 (Administration) 2015, section 27, regarding the requirements for compliance notices.
10 Numbering of premises and allotments adjoining a road8 ¶ p. 8
An owner of land must not adopt a number for a building or allotment that is inconsistent with a numbering system adopted by the local government under this section.
Maximum penalty for subsection (1)—10 penalty units.
An owner of land (other than vacant land) must display the number allocated so as to be easily identified from the adjoining road.
Maximum penalty for subsection (2)—10 penalty units.
Part 3A Protection of vegetation
10A Protection of vegetation on local government controlled areas and roads ¶ p. 8
A person must not, without lawful excuse, interfere with vegetation on a local government controlled area or road.
Maximum penalty for subsection (1) — 850 penalty units.
However, subsection (1) does not apply if the person is—
an employee of the local government acting in the course of the employee’s duties; or
authorised by the local government to interfere with the vegetation.
Example for paragraph (a)— A local government employee engaged in pruning or trimming trees or removing dead or damaged vegetation from a local government controlled area or a road.
Example for paragraph (b) — A member of a community group who is authorised by the local government to undertake weed clearing in a local government controlled area.
If a person is convicted of an offence against subsection (1), the court in which the conviction is made shall have jurisdiction to make an order, in addition to the imposition of a punishment for the conviction, requiring the person to pay to the local government —
an amount to compensate the community for the value of the vegetation interfered with as if the value of the vegetation was a debt; and
the amount of any cost or expense incurred, or to be incurred, by the local government in rectifying the damage caused by the person’s interference with the vegetation.
Example for paragraph (b) — the local government may incur costs and expenses in rectifying damage caused by a person’s interference with vegetation, including — Revegetating the area at which the interference with the vegetation occurred to the same state as before the vegetation was interfered with. Installing a screen to protect vegetation planted by the local government to replace vegetation interfered with by the person.
8 See the Act, section 60, regarding control of roads by a local government.
Subsection (3) does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.
In this section, interfere, with vegetation, means to engage in any activity damaging or leading to the death, disfigurement or mutilation of the vegetation, and includes any of the following —
the poisoning (including by contamination) of the vegetation;
the spilling of oil, petroleum, paint, cement, mortar or other deleterious substances onto the root zone of the vegetation;
the cutting or tearing of branches or roots of the vegetation other than in the course of pruning permitted under this local law;
the ringbarking of the vegetation;
the scar barking of the vegetation;
the fixing of any object into living tissue, or surrounding bark, of the vegetation;
the damaging of the root zone of the vegetation by compaction, excavation or filling;
the uprooting or displacing of the vegetation;
the effecting of any hydrological scheme which causes the drainage or flooding of the vegetation;
the burning, scorching, singeing, or damaging, by radiant heat, of the vegetation.
Part 4 Miscellaneous
11 Subordinate local laws ¶ p. 9
The local government may make subordinate local laws about—
the declaration of prohibited activities or restricted activities;9 or
the declaration of motor vehicle access areas;10 or
the declaration of prohibited vehicles;11 or
the opening hours for a local government controlled area;12 or
closing a local government controlled area to public access;13 or
minimum standards for fences on land adjoining a road.14 9 See section 5(1). 10 See section 6(1). 11 See section 6(3). 12 See section 7(1). 13 See section 8(3). See section 9(3).
History
Council prints no dates on this instrument. Everything below was read out of a public notice, the certificate the chief executive signed on the last page, council's own minutes, or the state government's local laws dataset, and each row says which.
- 7 May 2015 Made by resolution per the state government's local laws dataset that meeting →
- 5 June 2015 Public notice per the state government's local laws dataset
- 16 August 2018 Amended by LL-AMD-2018-1 per council's public notice that meeting →
Cited in council meetings
44 mentions of this instrument in agendas, minutes and meeting recordings.
| Meeting | What was said |
|---|---|
| 6 September 2016 agenda · other | …determines to treat the associated section of unconstructed road as a driveway. Under Council’s Local Law No. 4, maintenance of a driveway access is the responsibility of the property owner. The… |
| 13 March 2017 minutes · enforcement | …random audits to ensure compliance with this direction and where prohibited activities under Local Law 4 are identified, take such action as necessary to seize or impound any structure, vessel… |
| 6 June 2017 agenda · amending it | …this report recommends the Tingira Crescent launch site be closed for flying activities and Local Law No.4 (Local Government Controlled Areas, Facilities and Roads 2015) be amended to reflect… |
| 12 June 2017 minutes · amending it | …unreasonable impact on resident amenity (detailed as Option 3 in the report); B. Proceed to amend Local Law No.4 (Local Government Controlled Areas, Facilities and Roads 2015) to prohibit flying… |
| 12 June 2017 minutes · amending it | …effectiveness of the management plan in addressing resident amenity concerns; B. Proceed to amend Local Law No.4 (Local Government Controlled Areas, Facilities and Roads 2015) to prohibit flying… |
| 10 October 2017 agenda · other | …laws: 1. Local Law No. 1 (Administration) 2015; 2. Local Law No. 2 (Animal Management) 2015; and 3. Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015. The proposed… |
| 7 November 2017 agenda · other | …2015; and (b) Noosa Shire Local Law No 2 (Animal Management) 2015; and (c) Noosa Shire Local Law No 4 (Local Government Controlled Areas, Facilities and Roads) 2015. Local Law:… |
| 10 April 2018 agenda · enforcement | …Council Local Law No. 2 (Animal Update references to the Planning Act 2016 Management 2015) Noosa Shire Council Local Law No. 4 (Local Include an offence relating to the removal /… |
| 7 August 2018 agenda · other | …relating to the removal / damage of vegetation on local government land. Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 Amendments contained… |
| 16 August 2018 minutes · other | …1 (Administration) 2015; (ii) Noosa Shire Council Local Law No. 2 (Animal Management) 2015; (iii) Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015;… |
| 10 August 2021 agenda · other | …on public land, current activity is inconsistent with other public foreshore areas governed by Local Law No 4 (Local Government Controlled Areas, Facilities and Roads) which prohibits storage of… |
| 12 June 2023 record · other | …2015 Noosa Shire Council Subordinate Local Law No. 3 (Community and Environmental Management) 2015 Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015… |
| 12 June 2023 record · other | …making and action. Noosa Council regulates community activities on Council-managed land under Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015.… |
| 12 June 2023 record · other | …Council to meet its obligations as community land managers and trustees, and as set out in under Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015… |
| 12 June 2023 record · other | …Facilities and Roads) 2015 by ensuring public land is managed for the broadest community benefit. Local Law No. 4 protects the health and safety of people using local government controlled land,… |
| 12 June 2023 record · other | …and action. Without clear Procedures for managing encroachments, it is difficult to administer Local Law No. 4 effectively and with consistency. Response to community and Council officer… |
| 12 June 2023 record · policy | …into Council-managed land. Clear policy direction is required to support the administration of Local Law 4. Repeated requests from community members over many years have been made to Council to… |
| 12 June 2023 record · policy | …clear guidance to support Council staff in dealing with encroachment issues dealt with under Local Law 4. It also helps provide a risk assessment and remediation framework to deal with public… |
| 12 June 2023 record · other | …Vegetation Management Act 2009 (Qld) Water Act 2000 (Qld) Local Law No. 1 (Administration) 2011 Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011 Noosa… |
| 12 June 2023 record · enforcement | …the ecological values of Council- managed land. Part 2 of Local Law 1, together with Part 3A of Local Law 4, set rules for protecting vegetation on Council-controlled areas and roads. Fines may be…LL4 pt 3A |
| 12 June 2023 record · other | …Management Act 2009 (Qld) Water Act 2000 (Qld) Local Law No. 1 (Administration) 2011 (Qld) Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011 (Qld)… |
| 8 August 2023 record · other | …wide. They are managed on a shire wide basis for all of Councils bushland reserves under existing Local Law No.4 (Local Government Controlled Areas, Facilities, & Roads) 2015 and supporting… |
| 8 August 2023 record · other | …Education and communication will be the first option in dealing with neighbour impacts. Local Law No.4 Activities in Council managed reserves relating to encroachments are regulated under… |
| 8 August 2023 record · other | …Local Law No.4 Activities in Council managed reserves relating to encroachments are regulated under Local Law No.4 (Local Government Controlled Areas, Facilities, & Roads) 2015. But how these impacts… |
| 8 August 2023 record · other | …option, a range of non-regulatory responses, and a clear and methodical regulatory response under Local Law No.4. This is supported by a Natural Areas encroachment recovery program with a detailed… |
| 8 August 2023 record · other | …and retaining walls . Replacing community bushland with a private garden is prohibited under Local Law No. 4, spreads weeds and can make firefighting access more difficult, with level changes,… |
| 8 August 2023 record · other | …2015 planning Local Law No.3 (Community & Environmental Management) 2015 instruments Local Law No.4 (Local Government Controlled Areas, Facilities, & Roads) 2015 Local Law No.6… |
| 8 August 2023 record · other | …wide. They are managed on a shire wide basis for all of Councils bushland reserves under existing Local Law No.4 (Local Government Controlled Areas, Facilities, & Roads) 2015 annd supporting… |
| 8 August 2023 record · other | …bushcare efforts. Council wishes to celebrate these success stories and provide ongoing support. Local Law No.4 Activities in Council managed reserves relating to encroachments are regulated under… |
| 8 August 2023 record · other | …option, a range of non-regulatory responses, and a clear and methodical regulatory response under Local Law No.4. In response Noosa Council is developinghas developed and resourced a shire wide… |
| 8 August 2023 record · other | …extension into public land. Replacing community bushland with a private garden is prohibited under Local Law No. 4, spreads weeds and blocks can make firefighting access more difficult, with level… |
| 14 August 2023 record · other | …wide. They are managed on a shire wide basis for all of Councils bushland reserves under existing Local Law No.4 (Local Government Controlled Areas, Facilities, & Roads) 2015 and supporting… |
| 14 August 2023 record · other | …Education and communication will be the first option in dealing with neighbour impacts. Local Law No.4 Activities in Council managed reserves relating to encroachments are regulated under… |
| 14 August 2023 record · other | …Local Law No.4 Activities in Council managed reserves relating to encroachments are regulated under Local Law No.4 (Local Government Controlled Areas, Facilities, & Roads) 2015. But how these impacts… |
| 14 August 2023 record · other | …option, a range of non-regulatory responses, and a clear and methodical regulatory response under Local Law No.4. This is supported by a Natural Areas encroachment recovery program with a detailed… |
| 14 August 2023 record · other | …and retaining walls . Replacing community bushland with a private garden is prohibited under Local Law No. 4, spreads weeds and can make firefighting access more difficult, with level changes,… |
| 14 August 2023 record · other | …2015 planning Local Law No.3 (Community & Environmental Management) 2015 instruments Local Law No.4 (Local Government Controlled Areas, Facilities, & Roads) 2015 Local Law No.6… |
| 14 August 2023 record · other | …wide. They are managed on a shire wide basis for all of Councils bushland reserves under existing Local Law No.4 (Local Government Controlled Areas, Facilities, & Roads) 2015 annd supporting… |
| 14 August 2023 record · other | …bushcare efforts. Council wishes to celebrate these success stories and provide ongoing support. Local Law No.4 Activities in Council managed reserves relating to encroachments are regulated under… |
| 14 August 2023 record · other | …option, a range of non-regulatory responses, and a clear and methodical regulatory response under Local Law No.4. In response Noosa Council is developinghas developed and resourced a shire wide… |
| 14 August 2023 record · other | …extension into public land. Replacing community bushland with a private garden is prohibited under Local Law No. 4, spreads weeds and blocks can make firefighting access more difficult, with level… |
| 11 August 2026 record · other | …2015 Noosa Shire Council Subordinate Local Law No. 3 (Community and Environmental Management) 2015 Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015… |
2 passages from meeting recordings — machine transcript, navigation not evidence
These are Whisper's reading of what was said, kept so you can find the moment and press play. The recording governs, not this text.
- 17 February 2020 2015, Supportment of Local Law No. 1, Administration. 2015, a Supportment of Local Law No. 4, Local Government Controlled Areas, Facilities and Roads. ▶ watch →
- 12 June 2023 And use what we already have in existence under local law 4 as the enforcement mechanism ▶ watch →