Notices of Making and Amending Local Laws

Local Government Act 2009
FRASER COAST REGIONAL COUNCIL
MAKING OF LOCAL LAWS WEBSITE NOTICE (No. 8) 2023

Title                                                

1. This notice may be cited as the Fraser Coast Regional Council Making of Local Laws Website Notice (No. 8) 2023 which has been issued pursuant to section 29B of the Local Government Act 2009 (Qld).

Making of local laws

2. Fraser Coast Regional Council (the Council) has, by resolution dated the 13 December 2023, made:
   1. Animal Management (Amendment) Local Law (No. 1) 2023 (the Amending Local Law); and
   2. Animal Management (Amendment) Subordinate Local Law (No. 1) 2023 (the Amending Subordinate Local Law).

(collectively, the Amending Local Laws).

3. Local Law No. 2 (Animal Management) 2011 authorises the Amending Subordinate Local Law to be made.
4. Upon making the Amending Local Law, Local Law No. 2 (Animal Management) 2011 was amended.
5. Upon making the Amending Subordinate Local Law, Subordinate Local Law No. 2 (Animal Management) 2011 was amended.

Purpose and general effect of local laws

6. The purpose of the Amending Local Laws is to:

• Introduce a new animal noise nuisance offence and add references to acceptable noise levels being measured using electronic devices as well as traditionally discretionary methods such as the impact on affected residents;
• Simplify the animal keeping framework by removing references to urban or rural land to instead impose limits per allotment size with a focus on minimising disruption to neighbours;
• Remove the mandatory desexing of dogs to align with the State Government breeder approval registration process and facilitate streamlined registration for desexed and entire dogs; and
• Update prohibited areas for animals reflecting community use and environmental habitats.

Commencement

7. The Amending Local Laws commenced on 22 December 2023.

Anti-competitive provisions

8. The Amending Local Laws contain anti-competitive provisions.

Adoption of consolidated versions

9. Council has prepared and adopted consolidated versions of each of Local Law No. 2 (Animal Management) 2011 and Subordinate Local Law No. 2 (Animal Management) 2011 by resolution dated 13 December 2023 (the Consolidated Local Laws).

Inspection

10. Copies of the Amending Local Laws and Consolidated Local Laws may be—
    1. inspected at Council’s public offices;
    2. purchased at Council’s public offices; and
    3. viewed by the public on Council's website and the website of the Department of State Development, Infrastructure, Local Government and Planning.

Gerard Carlyon
CHIEF EXECUTIVE OFFICER (Acting)

Local Government Act 2009
FRASER COAST REGIONAL COUNCIL
MAKING OF LOCAL LAWS WEBSITE NOTICE (No. 7) 2023

Title

1. This notice may be cited as the Fraser Coast Regional Council Making of Local Laws Website Notice (No. 7) 2023 which has been issued pursuant to section 29B of the Local Government Act 2009 (Qld).

Making of local laws

2. Fraser Coast Regional Council (the Council) has, by resolution dated the 13 December 2023, made:
   1. Administration (Amendment) Local Law (No. 1) 2023 (the Amending Local Law); and
   2. Administration (Amendment) Subordinate Local Law (No. 1) 2023 (the Amending Subordinate Local Law).

(collectively, the Amending Local Laws).

3. Local Law No. 1 (Administration) 2011 authorises the Amending Subordinate Local Law to be made.
4. Upon making the Amending Local Law, Local Law No. 1 (Administration) 2011 was amended.
5. Upon making the Amending Subordinate Local Law, Subordinate Local Law No. 1 (Administration) 2019 was amended.

Purpose and general effect of local laws

6. The purpose of the Amending Local Laws is to:

• Allow Council officers to assess if mobile food vendors could trade near similar businesses in certain circumstances, such as markets or major events. Under current rules, mobile food vendors can’t operate within 200 metres of a similar business;
• Remove the requirement for neighbours’ consent for applications for an additional pet and instead leaving the discretion to Council officers to consider the circumstances of each application;
• Amendments around public place activities which require approvals and setting stringent guidelines for camping grounds and tourist parks, with a new reference to nature-based tourism facilities in recognition of the growing interest in eco-tourism in the region; and
• Amendments to pave the way for residents to plant small shrubs or other certain types of vegetation on their nature strips without a permit in preparation for new Council guidelines currently in development.

Commencement

7. The Amending Local Laws commenced on 22 December 2023.

Anti-competitive provisions

8. The Amending Local Laws contain anti-competitive provisions.

Adoption of consolidated versions

9. Council has prepared and adopted consolidated versions of each of Local Law No. 1 (Administration) 2011 and Subordinate Local Law No. 1 (Administration) 2019 by resolution dated 13 December 2023 (the Consolidated Local Laws).

Inspection

10. Copies of the Amending Local Laws and Consolidated Local Laws may be—
    3. inspected at Council’s public offices;
    4. purchased at Council’s public offices; and
    5. viewed by the public on Council's website and the website of the Department of State Development, Infrastructure, Local Government and Planning.

Gerard Carlyon
CHIEF EXECUTIVE OFFICER (Acting)

FRASER COAST REGIONAL COUNCIL
MAKING OF LOCAL LAWS WEBSITE NOTICE (No. 6) 2023

Title

1. This notice may be cited as the Fraser Coast Regional Council Making of Local Laws Website Notice
   (No. 6) 2023 which has been issued pursuant to section 29B of the
   Local Government Act 2009 (Qld).

Making of local laws

2. Fraser Coast Regional Council (the Council) has, by resolution dated 23 August 2023, made Local Government Controlled Areas, Facilities and Roads (Amendment) Subordinate Local Law (No. 1) 2023 (the Amending Subordinate Local Law).
3. Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011 authorises the Amending Subordinate Local Law to be made.
4. Upon making the Amending Subordinate Local Law, Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011 was amended.

Purpose and general effect of local law

5. The purpose of the Amending Subordinate Local Law is to—
   1. significantly reform the format and identification of prohibited and restricted activities in local government controlled areas;
   2. remove the prohibition of wheeled devices (or ‘rideables’) in certain areas to rely solely on State legislation for enforcement;
   3. add additional prohibited activities relating to public safety and vessels;
   4. transition to conditions of entry instead of local laws for rules of admission, creating a prohibited activity of ‘contravening condition of entry’; and
   5. provide consistent wording regarding authorisations for restricted activities.

Commencement

6. The Amending Subordinate Local Law commenced on 1 September 2023.

Anti-competitive provisions

7. The Amending Subordinate Local Law does not contain anti-competitive provisions.

Adoption of consolidated version

8. Council has prepared and adopted a consolidated version of Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011 by resolution dated 23 August 2023 (the Consolidated Subordinate Local Law).

Inspection

9. A copy of the Amending Subordinate Local Law and Consolidated Subordinate Local Law may be -
   1. inspected at Council’s public offices;
   2. purchased at Council’s public offices; and
   3. viewed by the public on Council's website and the website of the Department of State Development, Infrastructure, Local Government and Planning.

Ken Diehm
Chief Executive Officer

Local Government Act 2009

FRASER COAST REGIONAL COUNCIL
MAKING OF LOCAL LAWS WEBSITE NOTICE (No. 5) 2023

Title

1. This notice may be cited as the Fraser Coast Regional Council Making of Local Laws Website Notice (No. 5) 2023 which has been issued pursuant to section 29B of the Local Government Act 2009 (Qld).

Making of local laws

2. Fraser Coast Regional Council (the Council) has, by resolution dated 26 July 2023, made:
   1. Bathing Reserves (Amendment) Local Law (No. 1) 2023 (the Amending Local Law); and
   2. Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2023 (the Amending Subordinate Local Law).

(collectively, the Amending Local Laws).

3. Local Law No. 6 (Bathing Reserves) 2011 authorises the Amending Subordinate Local Law to be made.
4. Upon making the Amending Local Law, Local Law No. 6 (Bathing Reserves) 2011 was amended.
5. Upon making the Amending Subordinate Local Law, Subordinate Local Law No. 6 (Bathing Reserves) 2011 was amended.

Purpose and general effect of local laws

6. The purpose of the Amending Local Laws is to:
   • Widen the types of activities permitted in bathing reserves in acknowledgement of the diversity of sport and competitions that take advantage of the bathing reserve areas;
   • amend several definitions including the use of aquatic, prescribed and prohibited equipment to encapsulate the changes to modern aquatic and land machines; and
   • add or update definitions of terms to provide a current reflection of the use of bathing reserves today.

Commencement

7. The Amending Local Laws commenced on 4 August 2023.

Anti-competitive provisions

8. The Amending Local Laws do not contain anti-competitive provisions.

Adoption of consolidated versions

9. Council has prepared and adopted consolidated versions of each of Local Law No. 6 (Bathing Reserves) 2011 and Subordinate Local Law No. 6 (Bathing Reserves) 2011 by resolution dated 26 July 2023 (the Consolidated Local Laws).

Inspection

10. Copies of the Amending Local Laws and Consolidated Local Laws may be—
    1. inspected at Council’s public offices;
    2. purchased at Council’s public offices; and
    3. viewed by the public on Council's website and the website of the Department of State Development, Infrastructure, Local Government and Planning.

Ken Diehm
Chief Executive Officer

Local Government Act 2009

FRASER COAST REGIONAL COUNCIL
MAKING OF LOCAL LAWS WEBSITE NOTICE (No. 4) 2023

Title

1. This notice may be cited as the Fraser Coast Regional Council Making of Local Laws Website Notice
   (No. 4) 2023 which has been issued pursuant to section 29B of the Local Government Act 2009 (Qld).

Making of local laws

2. Fraser Coast Regional Council (the Council) has, by resolution dated the 26 July 2023, made the Parking (Amendment) Subordinate Local Law (No. 1) 2023 (the Amending Subordinate Local Law).
3. Local Law No. 5 (Parking) 2011 authorises the Amending Subordinate Local Law to be made.
4. Upon making the Amending Subordinate Local Law, Subordinate Local Law No. 5 (Parking) 2011 was amended.

Purpose and general effect of local law

5. The purpose of the Amending Subordinate Local Law is to:
   • update regulated parking areas to reflect additional, extended and existing parking areas;
   • update the existing off-street regulated parking maps to remove all areas of open space;
   • increase penalties for certain parking offences (namely, “stopping contrary to a people with disabilities parking sign”); and
   • address typographical anomalies.

Commencement

6. The Amending Subordinate Local Law commenced on 4 August 2023.

Anti-competitive provisions

7. The Amending Subordinate Local Law does not contain anti-competitive provisions.

Adoption of consolidated version

8. Council has prepared and adopted a consolidated version of Subordinate Local Law No. 5 (Parking) 2011 by resolution dated 26 July 2023 (the Consolidated Subordinate Local Law).

Inspection

9. Copies of the Amending Subordinate Local Law and Consolidated Subordinate Local Law may be—
   1. inspected at Council’s public offices;
   2. purchased at Council’s public offices; and
   3. viewed by the public on Council's website and the website of the Department of State Development, Infrastructure, Local Government and Planning.

Ken Diehm
Chief Executive Officer

Local Government Act 2009

FRASER COAST REGIONAL COUNCIL 
MAKING OF LOCAL LAWS WEBSITE NOTICE (NO. 3) 2023

Title

1. This notice may be cited as the Fraser Coast Regional Council Making of Local Laws Website Notice (No. 3) 2023 which has been issued pursuant to section 29B of the Local Government Act 2009 (Qld).

Making of local laws

2. Fraser Coast Regional Council (the Council) has, by resolution dated the 28 June 2023, made the Waste Management (Amendment) Local Law (No. 1) 2023 (the Amending Local Law). 

3. Upon making the Amending Local Law, Local Law No. 7 (Waste Management) 2018 was amended.

Purpose and general effect of local law

4. The purpose of the amending local law is to:

• prevent the disposing of previously omitted material such as radioactive waste in bins or other rubbish facilities;
• clarify the onus of providing appropriate waste containers in serviced premises;
• add firmer guidelines for behaviour relating to general waste storage, disposal and providing information;
• create a new offence of leaving a waste container on the kerb for more than 24hrs before or after scheduled collection; and
• update relevant State legislative references and address minor typographical errors.

Commencement

5. The Amending Local Law commenced on 7 July 2023.

Anti-competitive provisions

6. The Amending Local Law contains anti-competitive provisions.

Adoption of consolidated version

7. Council has prepared and adopted a consolidated version of Local Law No. 7 (Waste Management) 2018 by resolution dated 28 June 2023 (the Consolidated Local Law). 

Inspection

8. Copies of the Amending Local Law and Consolidated Local Law may be—
(a) inspected at Council’s public offices;
(b) purchased at Council’s public offices; and
(c) viewed by the public on Council's website and the website of the Department of State Development, Infrastructure, Local Government and Planning.

Local Government Act 2009

FRASER COAST REGIONAL COUNCIL 

MAKING OF LOCAL LAWS WEBSITE NOTICE (NO. 2) 2023

Title

1. This notice may be cited as the Fraser Coast Regional Council Making of Local Laws Website Notice (No. 2) 2023 which has been issued pursuant to section 29B of the Local Government Act 2009 (Qld)

Making of local laws

2. Fraser Coast Regional Council (the Council) has, by resolution dated 28 June 2023, made: 
(a)    Community and Environmental Management (Amendment) Local Law (No. 1) 2023 (the Amending Local Law); and
(b)    Community and Environmental Management (Amendment) Subordinate Local Law (No. 1) 2023 (the Amending Subordinate Local Law).
(collectively, the Amending Local Laws).

3. Local Law No. 3 (Community and Environmental Management) 2011 authorises the Amending Subordinate Local Law to be made. 

4. Upon making the Amending Local Law, Local Law No. 3 (Community and Environmental Management) 2011 was amended.

5. Upon making the Amending Subordinate Local Law, Subordinate Local Law No. 3 (Community and Environmental Management) 2011 was amended.

Purpose and general effect of local laws

6. The purpose of the Amending Local Laws is to:

• avoid duplication with Queensland State legislation by removing designated smoke free areas, prescribed swimming pool standards and noise provisions;
• add new identified local pests;
• simplify regulations on the lighting of fires to make it easier to understand;
• increase penalties for repeat offenders with overgrown or unsightly allotments;
• increase penalties for shopping centre retailers who repeatedly fail to ensure trolleys remain within their precinct; 
• broaden the definitions of a fire hazard, a community safety hazard, and building appearance to better clarify the intent of the law;
• make minor administrative and readability amendments as required. 

Commencement

7. The Amending Local Laws commenced on 7 July 2023.

Anti-competitive provisions

8. The Amending Local Laws contain anti-competitive provisions.

Adoption of consolidated versions

9. Council has prepared and adopted consolidated versions of each of Local Law No. 3 (Community and Environmental Management) 2011 and Subordinate Local Law No. 3 (Community and Environmental Management) 2011 by resolution dated 28 June 2023 (the Consolidated Local Laws).

Inspection

10. Copies of the Amending Local Laws and Consolidated Local Laws may be—
(a)    inspected at Council’s public offices;
(b)    purchased at Council’s public offices; and
(c)    viewed by the public on Council's website and the website of the Department of State Development, Infrastructure, Local Government and Planning.

Title

This notice may be cited as the Fraser Coast Regional Council (Making of Amending Subordinate Local Law) Notice (No.1) 2022 which has been issued pursuant to section 29B of the Local Government Act 2009 (Qld).

Commencement

Local Government Controlled Areas, Facilities and Roads (Amendment) Subordinate Local Law (No.1) 2022 (the Amending Subordinate Local Law) commenced on 6 January 2023.

Making of local laws

Fraser Coast Regional Council has, by resolution dated the 14 December 2022, made the Amending Subordinate Local Law.

Upon making the Amending Subordinate Local Law, the Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011 was amended.

Purpose and General Effect of local laws

The purpose of this Amending Subordinate Local Law is to amend Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011 to permit personal mobility device use (as defined in the Transport Operations (Road Use Management—Road Rules) Regulation 2009) on Council footpaths. 

Inspection

A copy of the Amending Subordinate Local Law may be –

• inspected at Council’s public offices;
• purchased at Council’s public offices; and
• viewed by the public on Council's website and the website of the Department of Local Government, Racing and Multicultural Affairs.

Fraser Coast Regional Council (Council) invites you to have your say on the proposed Subordinate Local Law Administration (Amendment) Subordinate Local Law (No.1) 2022 (the “amending subordinate local law”).

The amending subordinate local law enables an owner or occupier of an existing dwelling to allow family or friends to occupy a caravan on the dwelling allotment under certain conditions. The draft amendment contains an expiry date of 31 December 2027.  There are no other proposed amendments to any other schedules of Subordinate Local Law No. 1 (Administration) 2019 at this time.

For further information on the proposed subordinate local law, please review the following documents:

• Proposed Administration (Amendment) Subordinate Local Law (No.1) 2022 (the “amending subordinate local law”)
• Schedule 8 of Subordinate Local Law No. 1 (Administration) 2019 (with proposed subordinate local law amendments marked)
• Notice of Public Consultation

To have your say about the proposed amendments send your submissions to:

1. enquiry@frasercoast.qld.gov.au (Attention: Public Consultation – Local Law)
2. Posted to the Chief Executive Officer, Fraser Coast Regional Council, PO Box 1943 HERVEY BAY QLD  4655
3. Delivered in person to a Customer Service Centre

Submissions must be received on or before 28 November 2022 and state:

• The grounds of the submission; and
• The facts and circumstances relied on in support of the grounds

Please note that only properly made submissions will be considered.  A submission is properly made to the extent that the submission relates only to the proposed amendment.  A submission must be made in writing.  No acknowledgement will be issued on receipt of submissions.

Fraser Coast Regional Council (Council) invites you to have your say on the proposed Subordinate Local Law Local Government Controlled Areas Facilities and Roads (Amendment) Subordinate Local Law (No.1) 2022 (the “amending subordinate local law”).

The amending subordinate local law will remove the prohibition of riding, driving or using a personal mobility device on Council controlled footpaths which will enable the riding of e-scooters and other personal mobility devices as defined in the Schedule 8 Transport Operations (Road Use Management – Vehicle Registration) Regulation 2010).

Council has conducted a review of the proposed amending subordinate local law for anti-competitive provisions in accordance with the requirements of the Competition Policy Guidelines prescribed by regulation, and no anti-competitive provisions were identified.

For further information on the proposed subordinate local law, please review the following documents:

• Proposed Local Government Controlled Areas Facilities and Roads (Amendment) Subordinate Local Law (No.1) 2022 (the proposed amending subordinate local law)     
• Subordinate Local Law No. 4 (Local Government Controlled Areas Facilities and Roads) 2011 (with proposed subordinate local law amendments marked)
• Notice of Public Consultation

To have your say about the proposed amendments send your submissions to:

1. enquiry@frasercoast.qld.gov.au (Attention: Public Consultation – Local Law)
2. Posted to the Chief Executive Officer, Fraser Coast Regional Council, PO Box 1943  HERVEY BAY  QLD  4655
3. Delivered in person to a Customer Service Centre

Submissions must be received on or before 25 November 2022 and state:

• The grounds of the submission; and
• The facts and circumstances relied on in support of the grounds

Please note that only properly made submissions will be considered.  A submission is properly made to the extent that the submission relates only to the proposed amendment.  A submission must be made in writing.  No acknowledgement will be issued on receipt of submissions.

Fraser Coast Regional Council by resolution dated the 19th day of January 2022, made Interim Local Law No. 1 (Local Government Controlled Areas, Facilities and Roads) 2022 (the Interim Local Law). The interim local law commenced on 18 February 2022 and expires on 19 August 2022. The interim local law amends Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011.

Expiry of the Interim Local Law

5. The Interim Local Law will expire on 19 August 2022.

Purpose and General Effect of local laws

6. The purpose of this Interim Local Law is to amend Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011 to permit personal mobility device use (as defined in the Transport Operations (Road Use Management—Road Rules) Regulation 2009) on Council footpaths while the Interim Local Law is in effect.  

Inspection

7. A copy of the Interim Local Law may be –
   • inspected at Council’s public offices;
   • purchased at Council’s public offices; and
   • viewed by the public on Council's website.

Title

1. This notice may be cited as the Fraser Coast Regional Council, Subordinate Local Law No.1 (Administration) 2019 Notice which has been issued pursuant to section 29B of the Local Government Act 2009 (Qld).

Commencement

2. Subordinate Local Law No.1 (Administration) 2019 (the Subordinate Local Law) commences on the date the notice of the making of the subordinate local law is published in the gazette.

Making of local laws

3. Fraser Coast Regional Council has, by resolution dated the 18 day of December 2019, made the Subordinate Local Law.

Expiry of the Interim Local Law and Subordinate Local Law No 1 (Administration) 2011

4. Upon making the Subordinate Local Law, the Interim Local Law 2019 and the Subordinate Local Law No. 1 (Administration) 2011 were repealed.

Purpose and General Effect of local laws

5. The purpose of this Subordinate Local Law is to correct a number the cross-referring errors which were found in the Subordinate Local Law to ensure that it can operate as Council originally intended.

Inspection

6. A copy of the Subordinate Local Law may be –

1. inspected at Council’s public offices;
2. purchased at Council’s public offices; and
3. viewed by the public on Council's website and the website of the Department of Local Government, Racing and Multicultural Affairs.

Ken Diehm 
Chief Executive Officer