Local Law Review: Proposed Amendments to Local Laws (Miscellaneous)

The Sunshine Coast Council Local Laws and Subordinate Local Laws were adopted on 1 January 2012.

Purpose

Council is committed to carrying out regular reviews of the local laws. A review provides an opportunity to look at the issues and impacts of the laws and propose any suitable amendments.

Community engagement

There was previously an opportunity to have your say on the following proposed local law amendments:

  • Inclusion of a new prescribed activity for making amplified music noise in a special entertainment precinct (allowing regulation ability for newly created Nambour Entertainment Precinct within the Planning Scheme).
  • The ability to allow building site delivery noise permits outside of normal business hours in clearly defined and extraordinary circumstances.
  • The ability to allow building site noise permits outside of normal business hours in clearly defined and extraordinary circumstances.
  • Removal of the dog off leash beach at beach access 247 to 245 to allow for the declaration of a new bathing reserve at Bokarina Beach.
  • Various animal management changes primarily around strengthening enforcement provisions.
  • Inclusion of ability to utilise low voltage (Pingg) fencing to enable more effective containment of cats within property boundaries.
  • Clearer understanding around the ability for authorised persons (parking inspectors) to mark tyres using crayon, chalk or similar substance for enforcing parking regulation.
  • The ability to regulate the temporary placement of shipping containers for storage.
  • The ability to provide parking permits to health and community services workers.
  • Flexibility with eligibility requirements for commercial vehicle parking permits.

Submissions closed at 5.00pm on 23 September 2019.

Where to from here

Council will review all submissions and make a decision on the proposed amendments (detailed below) at the ordinary meeting of council in November 2019.

Overview

This review proposed amendments to the following subordinate local laws:

  • Local Law No. 1 (Administration) 2011
  • Subordinate Local Law No. 1 (Administration) 2016
  • Local Law No. 2 (Animal Management) 2011
  • Subordinate Local Law No. 2 (Animal Management) 2011
  • Local Law No. 3 (Community Health and Environmental Management) 2011
  • Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011
  • Local Law No. 5 (Parking) 2011
  • Subordinate Local Law No. 5 (Parking) 2011
  • Local Law No. 7 (Sunshine Coast Airport) 2017.

The table below details proposed amendments.

Note: There was a Public Interest Review for these proposed amendments.

Amending Local Law No. 2 (Miscellaneous) 2019

Current Local Law

Proposed amendment

Explanation for amendment

Local Law No.1 (Administration) 2011, s9
s4 Adds another matter that council will take into account in deciding whether to grant an approval – namely, whether the owner of the land consents (when applicant is not owner)
Clarifies that when council is deciding an application, it will take into account whether landowner consents. This is already implied because a copy of such consent is required with the application in section 8.
Local Law No.1 (Administration) 2011, s28
s5 Extends the power to remove unauthorized structures to the situation where a structure or thing remains on a Local Government controlled area after the authority for it to be there expires
Clarifies a potential gap in the council’s power to remove unauthorized structures, which currently only mentions things brought onto areas without authority, not things that remain after authority expires.
Local Law No.1 (Administration) 2011, s44
s6 Replaces current process for applying proceeds of sale of an impounded item with the process stipulated in the Act, s38A
Brings the local law into line with a more recent amendment in the Act.
Local Law No.1 (Administration) 2011, sch 1
s7(1) (2) (3) Amends definitions of AS and electric fencing
Amends out of date references in the definitions. Exempts Pingg String and similar low voltage devices from the definition of electric fencing so that these will no longer be considered ‘community safety hazards’ under Local Law No.3 and therefore will not be subject to the prescribed requirements for electric fences under schedule 4 of Subordinate Local Law No.3. These devices are used for restraining cats and controlling wildlife and are not considered dangerous to the community.
Local Law No.1 (Administration) 2011, sch 1
s7(4) Inserts several new definitions
These new definitions are required to support the other new provisions discussed below.
Local Law No.1 (Administration) 2011, sch 2
s8 Inserts new prescribed activities for ‘causing building site delivery noise’ and ‘causing building work noise’
These new prescribed activities enable a person to apply for council approval to cause noise undertaking building work or delivering materials to a building site outside of the normal hours permitted for such noise under the noise standards in the Environmental Protection Act 1994. There may be extraordinary circumstances or environmental or public safety reasons why building work or deliveries may need to occur outside normal hours (see explanation of s7 of the Amendment Subordinate Local Law below).
Local Law No.1 (Administration) 2011, sch 2
s8 inserts a new prescribed activity for operation of an amplified music venue within a special entertainment precinct
The amendment uses a specific power in the Local Government Act 1993 (s264) for councils to grant to an amplified music venue in a ‘special entertainment precinct’ the approval to emit specified levels of noise at various times. The provisions are modelled on a 2006 precedent local law from Brisbane City Council. See discussion of the Amendment Subordinate Local Law below for more information.
Local Law No.1 (Administration) 2011, sch 2
s8 inserts a new prescribed activity for temporary placement of a shipping container
There is currently a lack of clarity in the regulation of residents temporarily placing shipping containers on their properties for storage or other purposes (not for living in). Where a shipping container will be lived in, it is regulated by the Building Act or by the local law approval requirements for ‘Establishment of occupation of a temporary home’. Where a shipping container is placed permanently, it is regulated by the Building Act. The new prescribed activity deals with temporary placement not covered by the Building Act. It clarifies how long and under what circumstances a shipping container may be placed without an approval, and the parameters for approvals to be granted by council (see explanation of s10 of the Amendment Subordinate Local Law below).
Local Law No.2 (Animal Management) 2011, s6
s10 changes terminology of continuous supervision to ‘direct supervision’, and adds a definition of direct supervision
The amendment clarifies the requirements of a person providing direct supervision to an animal that is under effective management. For example, this applies to a dog in an off-leash area and a cat in a public place. The person must be physical present and within a proximate distance and able to respond immediately to manage the animal’s behaviour.
Local Law No.2 (Animal Management) 2011, s9
s11 inserts the applicable penalty (20 penalty units) where a person breaches a minimum standard for keeping an animal other than a dog
This provision currently indicates a penalty amount only for regulated dogs and dogs. The amendment clarifies the penalty for breaching minimum standards for keeping other animals is 20 penalty units.
Local Law No.2 (Animal Management) 2011, s9A
s12 changes the way that the local law sets requirements for collars to be worn by regulated dogs
Rather than specifying the collar by council resolution, the local law directly specifies the requirements (i.e. a red and yellow striped collar meeting certain specifications).
Local Law No.2 (Animal Management) 2011, s9B
s13 inserts new section 9B reinforcing in the local law the obligation under the Animal Management (Cats and Dogs) Act 2008 for an owner to register a dog
The provision does not impose a penalty because the offence of not registering a dog is in the Animal Management Act. However, by reinforcing the obligation in the local law, the council will be able to issue a compliance notice to ensure this obligation is met.
Local Law No.2 (Animal Management) 2011, s9C
s13 inserts new section 9C reinforcing in the local law the obligation under the Animal Management (Cats and Dogs) Act 2008 for an owner to implant a cat or dog
The amendment addresses current scenarios where the requirement in the Animal Management Act has not been sufficient to ensure a cat or dog is implanted. For example, a breeder is not required to implant an animal during the first 12 weeks of life, but must implant the animal before selling it. The amendment ensures a breeder who retains an animal after 12 weeks must implant it with the identification device. Subsections (3) and (4) ensure that a new owner of a dog or cat that has not been implanted by the previous owner (in breach of that person’s obligation under the Act), now has the obligation to implant the animal within 14 days of starting to keep the animal.
Local Law No.2 (Animal Management) 2011, s13
s14 amends the requirements for control of animals in public places to require that the owner or responsible person must ensure the animal is not causing damage to property or harassing, intimidating or otherwise endangering the health and safety of another person or animal. A working dog that must harass live stock is exempted.
The amendment fills a gap in relation to how animals must be managed in a public place. The amendment also clarifies the requirements for securely restraining a declared dangerous animal in a public place.
Local Law No.2 (Animal Management) 2011, s15
s15 amends the requirements for proper enclosures for animals
The amendment addresses a potential ambiguity where a person who keeps an animal temporarily has the animal at another location. It clarifies that a proper enclosure must be kept at that other location as well and that the animal must actually be contained with that proper enclosure.
Local Law No.2 (Animal Management) 2011, s16
s16 removes the reference to a core habitat area declared under the Sunshine Coast Biodiversity Strategy 2010-2020.
The amendment removes an out of date reference as the specified Strategy has been superseded.
Local Law No.2 (Animal Management) 2011, s19A
s17 inserts a new section 19A (Duty to exchange details where animal involved in certain incidents)
The amendment inserts a new requirement (modelled on a recent South Australian precedent) that requires persons whose animals are involved in an incident (such as an animal harming a person or another animal) to give assistance to any person or animal hurt and to exchange details (e.g. name and address and animal registration number).
Local Law No. 5 (Parking) 2011, s9
s20 omits section 9 (Restrictions on heavy vehicle parking on a road)
Section 9 is redundant as parking of a heavy vehicle on a road is now regulated by State legislation.
Local Law No. 5 (Parking) 2011, s12A
s21 inserts a new provision about the power of an authorised person to mark the tyres of a vehicle for the purpose of enforcing parking restrictions
The amendment clarifies that parking officers may mark the tyres of vehicles using crayon, chalk or a similar substance for the purposes of parking enforcement.
Local Law No. 7 (Sunshine Coast Airport) 2017, s10
s23 amends the definition of ‘standard’
The amendment updates a reference to a superseded entity.


Amending Subordinate Local Law No. 3 (Miscellaneous) 2019

Current Subordinate Local Law

Proposed amendment

Explanation for amendment

Subordinate Local Law No.1 (Administration) 2016, s4
s4 inserts a definition of ‘prescribed times’
This definition is relevant to the new schedules 5A and 5B related to building site noise and building site delivery noise.
Subordinate Local Law No.1 (Administration) 2016, s8
s5 replaces the current provision that specifies the areas of local law regulation that apply on State-controlled roads
Local law regulation of activity on roads generally applies only to Local Government-controlled roads. However, the definition of road can be expanded to State-controlled roads for certain local laws by agreement with the State. The current section 8 is based on an agreement from 2011. The provision is being amended to reflect a more recent agreement about local law application on State roads. It enables local law regulation of commercial use of State roads and installation of some advertising devices on State roads, as well as the prohibition on selling vehicles on roads.
Subordinate Local Law No.1 (Administration) 2016, sch 1
s6 specifies the maximum penalties applicable to the new prescribed activities created by the amendments
Every prescribed activity needs to be allocated a maximum penalty applicable to the offence of undertaking the activity without approval.
Subordinate Local Law No.1 (Administration) 2016, sch 5A and 5B
s7 inserts new schedules related to the new prescribed activities of ‘causing building site delivery noise’ and ‘causing building work noise’
Every prescribed activity in Local Law No.1 has a corresponding schedule in Subordinate Local Law No.1 to set out details about the application, additional criteria to be considered, mandatory and standard conditions of approval, and term of approvals. The new schedules set out the applicable details for the two new prescribed activities.
Subordinate Local Law No.1 (Administration) 2016, sch 9
s8 amends the requirements for documents and materials that must accompany applications to keep 3 or more dogs at a property (including properties within a multiple dwelling).
The amendments require community management plans to be submitted with applications, dealing with consultation, waste and noise. In some cases, written agreement of neighbours is required (and body corporates, in the case of multiple dwellings).
Subordinate Local Law No.1 (Administration) 2016, sch 10A
s9 inserts a new schedule related to the new prescribed activity of ‘Operation of an amplified music venue within a special entertainment precinct’
For amplified music venue approvals under Local Law No.1, the new schedule sets out details about the application documents, exemptions, additional criteria to be considered, mandatory and standard conditions of approval, and term of approvals. It is based on a Brisbane City Council precedent from 2007.
Subordinate Local Law No.1 (Administration) 2016, sch 11A
s10 inserts a new schedule related to the new prescribed activity of ‘Temporary placement of a shipping container
For temporary placement of shipping containers, the new schedule sets out details about the application documents, exemptions, additional criteria to be considered, standard conditions of approval, and term of approvals.
Subordinate Local Law No.1 (Administration) 2016, sch 16
s11 includes requirements for applications for community and health services parking permits, a new category introduced by an amendment to Subordinate Local Law No. 5 (see below)
See below for explanation of changes to the parking permit categories in Subordinate Local Law No. 5.
Subordinate Local Law No.1 (Administration) 2016, sch 17
s12 changes a reference to commercial vehicle application label
This amendment substitutes an incorrect reference.
Subordinate Local Law No. 2 (Animal Management) 2011, s8
s14 replaces the requirements about identification of cats and dogs that are at a place other than their registered address. For cats, the identification required is the registration device required under the local law (i.e. a tag), while for dogs this is prescribed under the Animal Management (Cats and Dogs) Act. A show dog may be exempted from wearing the identification.
Previously, an animal that was implanted did not have to wear another registration device when away from its registered address. The changes require that all registered animals must wear their registration device when away from their registered address, whether they are implanted or not. The exemption is based on a precedent in the Gold Coast local laws.
Subordinate Local Law No. 2 (Animal Management) 2011, sch 5
s15 replaces a map of an area in Buderim where animals are prohibited
This updates a previous map and allows for a small area of the park to permit dogs on a lead at all times.
Subordinate Local Law No. 2 (Animal Management) 2011, sch 6
s16 removes the dog off leash beach between beach access 247-245.
It is proposed that the beach access between 247-245 will be declared a bathing reserve to allow for a new patrolled beach area.
Subordinate Local Law No. 2 (Animal Management) 2011, sch 8
s17 adds additional requirements applicable to a person keeping a declared dangerous animal. The person must (unless they have a veterinary certificate to the contrary) ensure the animal is desexed and, in the case of a cat, implanted with a PPID.
These amendments ensure responsible management of declared dangerous animals.
Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011, s4
s19 adds definitions of places and activities.
The new definitions are required to give effect to the amendments in s20 below.
Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011, sch 1
S20 amends the prohibited activities in specified types of Local Government areas or roads. The prohibition on painting, altering or maintaining a vehicle is extended from roads to Local Government controlled areas (e.g. parks and reserves).
These changes will give effect to Lake Management Plans developed by the council covering certain Local Government controlled areas.
Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011, sch 2
s21 amends the restricted activities in specified Local Government areas or roads. Restrictions on using powered vessels to waterski, wave jump or freestyle are added for Parrearra Lake, Pelican Waters North and Twin Waters Residential Lake. The schedule is also amended to enable time-restricted camping to be permitted in a place.
These changes will give effect to Lake Management Plans developed by the council covering Parrearra Lake, Pelican Waters North and Twin Waters Residential Lake. The amendments will also facilitate time-restricted camping in designated Local Government controlled area.
Subordinate Local Law No.5 (Parking) 2011, s8
s23 changes the vehicles that may be issued with commercial vehicle identification labels. Currently, any vehicle that is permanently sign written or displays a magnet or sticker indicating it is being used in connection with a business is entitled to the label. The amendment will broaden this to any vehicle owned by a person or company in business and actually used in the course of that business.
The change will make it less restrictive regarding the vehicles that can receive a commercial vehicle identification label.
Subordinate Local Law No.5 (Parking) 2011, sch 2
s24 makes changes to the off-street regulated parking areas declared at the Sunshine Coast airport
The amended maps reflect the parking regulation at the Sunshine Coast airport.
Subordinate Local Law No.5 (Parking) 2011, sch 3
s25 changes the categories of person who may be issued with a parking permit to park contrary to parking restrictions. Prepaid parking permits are restricted to persons requiring access to a metered bay within the Caloundra CBD or war veterans requiring access to metered bays within the Caloundra CBD or the Birtinya Regulated Parking Area. The category of business parking permit is abolished. A new category of parking permit is created for health and community services.
The changes implement new directions agreed by the council recently in relation to parking permits.

The Sunshine Coast Council Local Laws and Subordinate Local Laws were adopted on 1 January 2012.

Purpose

Council is committed to carrying out regular reviews of the local laws. A review provides an opportunity to look at the issues and impacts of the laws and propose any suitable amendments.

Community engagement

There was previously an opportunity to have your say on the following proposed local law amendments:

  • Inclusion of a new prescribed activity for making amplified music noise in a special entertainment precinct (allowing regulation ability for newly created Nambour Entertainment Precinct within the Planning Scheme).
  • The ability to allow building site delivery noise permits outside of normal business hours in clearly defined and extraordinary circumstances.
  • The ability to allow building site noise permits outside of normal business hours in clearly defined and extraordinary circumstances.
  • Removal of the dog off leash beach at beach access 247 to 245 to allow for the declaration of a new bathing reserve at Bokarina Beach.
  • Various animal management changes primarily around strengthening enforcement provisions.
  • Inclusion of ability to utilise low voltage (Pingg) fencing to enable more effective containment of cats within property boundaries.
  • Clearer understanding around the ability for authorised persons (parking inspectors) to mark tyres using crayon, chalk or similar substance for enforcing parking regulation.
  • The ability to regulate the temporary placement of shipping containers for storage.
  • The ability to provide parking permits to health and community services workers.
  • Flexibility with eligibility requirements for commercial vehicle parking permits.

Submissions closed at 5.00pm on 23 September 2019.

Where to from here

Council will review all submissions and make a decision on the proposed amendments (detailed below) at the ordinary meeting of council in November 2019.

Overview

This review proposed amendments to the following subordinate local laws:

  • Local Law No. 1 (Administration) 2011
  • Subordinate Local Law No. 1 (Administration) 2016
  • Local Law No. 2 (Animal Management) 2011
  • Subordinate Local Law No. 2 (Animal Management) 2011
  • Local Law No. 3 (Community Health and Environmental Management) 2011
  • Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011
  • Local Law No. 5 (Parking) 2011
  • Subordinate Local Law No. 5 (Parking) 2011
  • Local Law No. 7 (Sunshine Coast Airport) 2017.

The table below details proposed amendments.

Note: There was a Public Interest Review for these proposed amendments.

Amending Local Law No. 2 (Miscellaneous) 2019

Current Local Law

Proposed amendment

Explanation for amendment

Local Law No.1 (Administration) 2011, s9
s4 Adds another matter that council will take into account in deciding whether to grant an approval – namely, whether the owner of the land consents (when applicant is not owner)
Clarifies that when council is deciding an application, it will take into account whether landowner consents. This is already implied because a copy of such consent is required with the application in section 8.
Local Law No.1 (Administration) 2011, s28
s5 Extends the power to remove unauthorized structures to the situation where a structure or thing remains on a Local Government controlled area after the authority for it to be there expires
Clarifies a potential gap in the council’s power to remove unauthorized structures, which currently only mentions things brought onto areas without authority, not things that remain after authority expires.
Local Law No.1 (Administration) 2011, s44
s6 Replaces current process for applying proceeds of sale of an impounded item with the process stipulated in the Act, s38A
Brings the local law into line with a more recent amendment in the Act.
Local Law No.1 (Administration) 2011, sch 1
s7(1) (2) (3) Amends definitions of AS and electric fencing
Amends out of date references in the definitions. Exempts Pingg String and similar low voltage devices from the definition of electric fencing so that these will no longer be considered ‘community safety hazards’ under Local Law No.3 and therefore will not be subject to the prescribed requirements for electric fences under schedule 4 of Subordinate Local Law No.3. These devices are used for restraining cats and controlling wildlife and are not considered dangerous to the community.
Local Law No.1 (Administration) 2011, sch 1
s7(4) Inserts several new definitions
These new definitions are required to support the other new provisions discussed below.
Local Law No.1 (Administration) 2011, sch 2
s8 Inserts new prescribed activities for ‘causing building site delivery noise’ and ‘causing building work noise’
These new prescribed activities enable a person to apply for council approval to cause noise undertaking building work or delivering materials to a building site outside of the normal hours permitted for such noise under the noise standards in the Environmental Protection Act 1994. There may be extraordinary circumstances or environmental or public safety reasons why building work or deliveries may need to occur outside normal hours (see explanation of s7 of the Amendment Subordinate Local Law below).
Local Law No.1 (Administration) 2011, sch 2
s8 inserts a new prescribed activity for operation of an amplified music venue within a special entertainment precinct
The amendment uses a specific power in the Local Government Act 1993 (s264) for councils to grant to an amplified music venue in a ‘special entertainment precinct’ the approval to emit specified levels of noise at various times. The provisions are modelled on a 2006 precedent local law from Brisbane City Council. See discussion of the Amendment Subordinate Local Law below for more information.
Local Law No.1 (Administration) 2011, sch 2
s8 inserts a new prescribed activity for temporary placement of a shipping container
There is currently a lack of clarity in the regulation of residents temporarily placing shipping containers on their properties for storage or other purposes (not for living in). Where a shipping container will be lived in, it is regulated by the Building Act or by the local law approval requirements for ‘Establishment of occupation of a temporary home’. Where a shipping container is placed permanently, it is regulated by the Building Act. The new prescribed activity deals with temporary placement not covered by the Building Act. It clarifies how long and under what circumstances a shipping container may be placed without an approval, and the parameters for approvals to be granted by council (see explanation of s10 of the Amendment Subordinate Local Law below).
Local Law No.2 (Animal Management) 2011, s6
s10 changes terminology of continuous supervision to ‘direct supervision’, and adds a definition of direct supervision
The amendment clarifies the requirements of a person providing direct supervision to an animal that is under effective management. For example, this applies to a dog in an off-leash area and a cat in a public place. The person must be physical present and within a proximate distance and able to respond immediately to manage the animal’s behaviour.
Local Law No.2 (Animal Management) 2011, s9
s11 inserts the applicable penalty (20 penalty units) where a person breaches a minimum standard for keeping an animal other than a dog
This provision currently indicates a penalty amount only for regulated dogs and dogs. The amendment clarifies the penalty for breaching minimum standards for keeping other animals is 20 penalty units.
Local Law No.2 (Animal Management) 2011, s9A
s12 changes the way that the local law sets requirements for collars to be worn by regulated dogs
Rather than specifying the collar by council resolution, the local law directly specifies the requirements (i.e. a red and yellow striped collar meeting certain specifications).
Local Law No.2 (Animal Management) 2011, s9B
s13 inserts new section 9B reinforcing in the local law the obligation under the Animal Management (Cats and Dogs) Act 2008 for an owner to register a dog
The provision does not impose a penalty because the offence of not registering a dog is in the Animal Management Act. However, by reinforcing the obligation in the local law, the council will be able to issue a compliance notice to ensure this obligation is met.
Local Law No.2 (Animal Management) 2011, s9C
s13 inserts new section 9C reinforcing in the local law the obligation under the Animal Management (Cats and Dogs) Act 2008 for an owner to implant a cat or dog
The amendment addresses current scenarios where the requirement in the Animal Management Act has not been sufficient to ensure a cat or dog is implanted. For example, a breeder is not required to implant an animal during the first 12 weeks of life, but must implant the animal before selling it. The amendment ensures a breeder who retains an animal after 12 weeks must implant it with the identification device. Subsections (3) and (4) ensure that a new owner of a dog or cat that has not been implanted by the previous owner (in breach of that person’s obligation under the Act), now has the obligation to implant the animal within 14 days of starting to keep the animal.
Local Law No.2 (Animal Management) 2011, s13
s14 amends the requirements for control of animals in public places to require that the owner or responsible person must ensure the animal is not causing damage to property or harassing, intimidating or otherwise endangering the health and safety of another person or animal. A working dog that must harass live stock is exempted.
The amendment fills a gap in relation to how animals must be managed in a public place. The amendment also clarifies the requirements for securely restraining a declared dangerous animal in a public place.
Local Law No.2 (Animal Management) 2011, s15
s15 amends the requirements for proper enclosures for animals
The amendment addresses a potential ambiguity where a person who keeps an animal temporarily has the animal at another location. It clarifies that a proper enclosure must be kept at that other location as well and that the animal must actually be contained with that proper enclosure.
Local Law No.2 (Animal Management) 2011, s16
s16 removes the reference to a core habitat area declared under the Sunshine Coast Biodiversity Strategy 2010-2020.
The amendment removes an out of date reference as the specified Strategy has been superseded.
Local Law No.2 (Animal Management) 2011, s19A
s17 inserts a new section 19A (Duty to exchange details where animal involved in certain incidents)
The amendment inserts a new requirement (modelled on a recent South Australian precedent) that requires persons whose animals are involved in an incident (such as an animal harming a person or another animal) to give assistance to any person or animal hurt and to exchange details (e.g. name and address and animal registration number).
Local Law No. 5 (Parking) 2011, s9
s20 omits section 9 (Restrictions on heavy vehicle parking on a road)
Section 9 is redundant as parking of a heavy vehicle on a road is now regulated by State legislation.
Local Law No. 5 (Parking) 2011, s12A
s21 inserts a new provision about the power of an authorised person to mark the tyres of a vehicle for the purpose of enforcing parking restrictions
The amendment clarifies that parking officers may mark the tyres of vehicles using crayon, chalk or a similar substance for the purposes of parking enforcement.
Local Law No. 7 (Sunshine Coast Airport) 2017, s10
s23 amends the definition of ‘standard’
The amendment updates a reference to a superseded entity.


Amending Subordinate Local Law No. 3 (Miscellaneous) 2019

Current Subordinate Local Law

Proposed amendment

Explanation for amendment

Subordinate Local Law No.1 (Administration) 2016, s4
s4 inserts a definition of ‘prescribed times’
This definition is relevant to the new schedules 5A and 5B related to building site noise and building site delivery noise.
Subordinate Local Law No.1 (Administration) 2016, s8
s5 replaces the current provision that specifies the areas of local law regulation that apply on State-controlled roads
Local law regulation of activity on roads generally applies only to Local Government-controlled roads. However, the definition of road can be expanded to State-controlled roads for certain local laws by agreement with the State. The current section 8 is based on an agreement from 2011. The provision is being amended to reflect a more recent agreement about local law application on State roads. It enables local law regulation of commercial use of State roads and installation of some advertising devices on State roads, as well as the prohibition on selling vehicles on roads.
Subordinate Local Law No.1 (Administration) 2016, sch 1
s6 specifies the maximum penalties applicable to the new prescribed activities created by the amendments
Every prescribed activity needs to be allocated a maximum penalty applicable to the offence of undertaking the activity without approval.
Subordinate Local Law No.1 (Administration) 2016, sch 5A and 5B
s7 inserts new schedules related to the new prescribed activities of ‘causing building site delivery noise’ and ‘causing building work noise’
Every prescribed activity in Local Law No.1 has a corresponding schedule in Subordinate Local Law No.1 to set out details about the application, additional criteria to be considered, mandatory and standard conditions of approval, and term of approvals. The new schedules set out the applicable details for the two new prescribed activities.
Subordinate Local Law No.1 (Administration) 2016, sch 9
s8 amends the requirements for documents and materials that must accompany applications to keep 3 or more dogs at a property (including properties within a multiple dwelling).
The amendments require community management plans to be submitted with applications, dealing with consultation, waste and noise. In some cases, written agreement of neighbours is required (and body corporates, in the case of multiple dwellings).
Subordinate Local Law No.1 (Administration) 2016, sch 10A
s9 inserts a new schedule related to the new prescribed activity of ‘Operation of an amplified music venue within a special entertainment precinct’
For amplified music venue approvals under Local Law No.1, the new schedule sets out details about the application documents, exemptions, additional criteria to be considered, mandatory and standard conditions of approval, and term of approvals. It is based on a Brisbane City Council precedent from 2007.
Subordinate Local Law No.1 (Administration) 2016, sch 11A
s10 inserts a new schedule related to the new prescribed activity of ‘Temporary placement of a shipping container
For temporary placement of shipping containers, the new schedule sets out details about the application documents, exemptions, additional criteria to be considered, standard conditions of approval, and term of approvals.
Subordinate Local Law No.1 (Administration) 2016, sch 16
s11 includes requirements for applications for community and health services parking permits, a new category introduced by an amendment to Subordinate Local Law No. 5 (see below)
See below for explanation of changes to the parking permit categories in Subordinate Local Law No. 5.
Subordinate Local Law No.1 (Administration) 2016, sch 17
s12 changes a reference to commercial vehicle application label
This amendment substitutes an incorrect reference.
Subordinate Local Law No. 2 (Animal Management) 2011, s8
s14 replaces the requirements about identification of cats and dogs that are at a place other than their registered address. For cats, the identification required is the registration device required under the local law (i.e. a tag), while for dogs this is prescribed under the Animal Management (Cats and Dogs) Act. A show dog may be exempted from wearing the identification.
Previously, an animal that was implanted did not have to wear another registration device when away from its registered address. The changes require that all registered animals must wear their registration device when away from their registered address, whether they are implanted or not. The exemption is based on a precedent in the Gold Coast local laws.
Subordinate Local Law No. 2 (Animal Management) 2011, sch 5
s15 replaces a map of an area in Buderim where animals are prohibited
This updates a previous map and allows for a small area of the park to permit dogs on a lead at all times.
Subordinate Local Law No. 2 (Animal Management) 2011, sch 6
s16 removes the dog off leash beach between beach access 247-245.
It is proposed that the beach access between 247-245 will be declared a bathing reserve to allow for a new patrolled beach area.
Subordinate Local Law No. 2 (Animal Management) 2011, sch 8
s17 adds additional requirements applicable to a person keeping a declared dangerous animal. The person must (unless they have a veterinary certificate to the contrary) ensure the animal is desexed and, in the case of a cat, implanted with a PPID.
These amendments ensure responsible management of declared dangerous animals.
Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011, s4
s19 adds definitions of places and activities.
The new definitions are required to give effect to the amendments in s20 below.
Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011, sch 1
S20 amends the prohibited activities in specified types of Local Government areas or roads. The prohibition on painting, altering or maintaining a vehicle is extended from roads to Local Government controlled areas (e.g. parks and reserves).
These changes will give effect to Lake Management Plans developed by the council covering certain Local Government controlled areas.
Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011, sch 2
s21 amends the restricted activities in specified Local Government areas or roads. Restrictions on using powered vessels to waterski, wave jump or freestyle are added for Parrearra Lake, Pelican Waters North and Twin Waters Residential Lake. The schedule is also amended to enable time-restricted camping to be permitted in a place.
These changes will give effect to Lake Management Plans developed by the council covering Parrearra Lake, Pelican Waters North and Twin Waters Residential Lake. The amendments will also facilitate time-restricted camping in designated Local Government controlled area.
Subordinate Local Law No.5 (Parking) 2011, s8
s23 changes the vehicles that may be issued with commercial vehicle identification labels. Currently, any vehicle that is permanently sign written or displays a magnet or sticker indicating it is being used in connection with a business is entitled to the label. The amendment will broaden this to any vehicle owned by a person or company in business and actually used in the course of that business.
The change will make it less restrictive regarding the vehicles that can receive a commercial vehicle identification label.
Subordinate Local Law No.5 (Parking) 2011, sch 2
s24 makes changes to the off-street regulated parking areas declared at the Sunshine Coast airport
The amended maps reflect the parking regulation at the Sunshine Coast airport.
Subordinate Local Law No.5 (Parking) 2011, sch 3
s25 changes the categories of person who may be issued with a parking permit to park contrary to parking restrictions. Prepaid parking permits are restricted to persons requiring access to a metered bay within the Caloundra CBD or war veterans requiring access to metered bays within the Caloundra CBD or the Birtinya Regulated Parking Area. The category of business parking permit is abolished. A new category of parking permit is created for health and community services.
The changes implement new directions agreed by the council recently in relation to parking permits.