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GENERAL MEETING AGENDA

TO BE HELD AT THE COUNCIL CHAMBERS - CIVIC CENTRE 101 GOONDOON STREET, GLADSTONE

On Tuesday 17 May 2011

Commencing at 9.00am

Graeme Kanofski CHIEF EXECUTIVE OFFICER

GLADSTONE REGIONAL COUNCIL GENERAL MEETING -17 MAY 2011

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GENERAL MEETING AGENDA TABLE OF CONTENTS

ITEM SUBJECT PAGE

G/1 MAYORAL STATEMENT ON CURRENT ISSUES 4

G/2 MESSAGES OF CONDOLENCE 4

G/3 CONFIRMATION OF MINUTES 4

G/3.1 CONFIRMATION OF MINUTES OF THE GENERAL MEETING 3 MAY 2011

4

G/4 SCHEDULE OF CONFIDENTIAL ITEMS 30

G/5 OFFICERS' REPORTS 30

G/5.1 OFFICE OF THE CHIEF EXECUTIVE OFFICER 30

G/5.1.1ECONOMIC AND REGIONAL DEVELOPMENT CONFERENCE 18-20 MAY 2011

30

G/5.1.2NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT 19-22 JUNE 2011

44

G/5.1.3 QUEENSLAND WEED SYMPOSIUM 31 JULY TO 3 AUGUST 2011

66

G/5.1.4REPORT ABOUT PROCEEDING WITH THE MAKING OF LOCAL LAWS AND SUBORDINATE LOCAL LAWS

72

G/5.1.5PROPOSED ACQUISITION PART LOT 60 RP906248 - KIRKWOOD ROAD

141

G/5.2 CORPORATE & BUSINESS SERVICES 143

G/5.2.1 DISPOSAL OF SURPLUS GOVERNMENT LAND 143

G/5.2.2PROPOSED STREET NAME FOR BEECHER ESTATES STAGE 10B - LOT 456 ON SP239692 REQUESTS FOR NAMING OF SCRIVENER PLACE (NEW ROAD RESERVE) OFF JIM WHYTE WAY

160

G/5.2.3PROPOSED STREET NAME FOR EMMADALE GARDENS ESTATE STAGE 7B - LOT 54 ON SP202349 REQUESTS FOR NAMING OF TELOPEA PLACE (NEW ROAD RESERVE) OFF KOOWIN DRIVE

163

G/5.2.4 PROPOSED STREET NAMES FOR THE ULDA CLINTON DEVELOPMENT STAGE 1 - LOT 193 ON CTN1861 REQUESTS FOR NAMING OF NEW ROAD RESERVES OFF HARVEY ROAD

167

G/5.3 INFRASTRUCTURE SERVICES 171


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G/5.3.1TANNUM SANDS STATE HIGH SCHOOL SAFETY FENCE AND ASSOCIATED WORKS

171

G/5.3.2TENDER REPORT T93/11 - ASPHALT RESURFACING - VARIOUS SITES

180

G/5.3.3VICTORIA AVENUE/DEAN STREET, GLEN EDEN TRAFFIC ISSUES

182

G/5.3.4 SPEED REDUCTION OF PENDA AVENUE & SHAW STREET

189

G/5.3.5 SPEED REDUCTION AT TURKEY BEACH 193

G/5.4 STRATEGIC PLANNING 197

G/5.5 STATUTORY PLANNING 197

G/5.5.1DEVELOPMENT APPLICATION DA/215/2010 - MATERIAL CHANGE OF USE OF PREMISES FOR FOOD PREMISES (MCDONALD'S RESTAURANT) AT 39 GLENLYON STREET, GLADSTONE

197

G/5.5.2 DEVELOPMENT APPLICATION 263/2011 RECONFIGURING A LOT (PARKING AND ACCESS EASEMENT) FOR MCDONALD'S GLADSTONE AT CNR GLENLYON AND ROSEBERRY STREET

293

G/5.6 ENVIRONMENT AND RECREATION 311

G/5.6.1 TENDERS (18/11) WASTE & RECYCLABLE COLLECTION SERVICE CONTRACT 1/10/2011 TO 30/9/2021

311

G/5.7 FINANCE SERVICES 320

G/5.8 COMMUNITY SERVICES 320

G/5.8.1 ADOPTION OF GLADSTONE REGION COMMUNITY PLAN

320

G/5.8.2 2011 COMMUNITY SATISFACTION SURVEY RESULTS

324

G/6 COUNCILLOR REPORTS 453

G/6.1 COUNCILLOR'S REPORT - MAYOR GAIL SELLERS 453

G/7 QUESTIONS FROM THE PUBLIC GALLERY 455

G/8 CONFIDENTIAL ITEMS 455

ATTACHMENTS 456


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G/1 MAYORAL STATEMENT ON CURRENT ISSUES Nil. G/2 MESSAGES OF CONDOLENCE Nil. G/3 CONFIRMATION OF MINUTES G/3.1 CONFIRMATION OF MINUTES OF THE GENERAL MEETING 3

MAY 2011 Responsible Officer: Chief Executive Officer Council Meeting Date: 17 May 2011 Executive Summary: Confirmation of the minutes of the General Meeting held on the 3 May 2011. Officer's Recommendation: That 1. The minutes of the General Meeting of Council held on the 3 May 2011 be

confirmed. Attachments: 1. Minutes of General Meeting of Council 3 May 2011. Tabled Items: 1. Nil Report Prepared by: Assistant to the Chief Executive Officer


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G/4 SCHEDULE OF CONFIDENTIAL ITEMS Nil. G/5 OFFICERS' REPORTS Nil. G/5.1 OFFICE OF THE CHIEF EXECUTIVE OFFICER G/5.1.1ECONOMIC AND REGIONAL DEVELOPMENT CONFERENCE 18-20 MAY

2011 Responsible Officer: Chief Executive Officer Council Meeting Date: 17 May 2011 Executive Summary: This report seeks to gauge Councillor interest in attending the Local Government Association of Queensland's Economic and Regional Development Conference being held in Gladstone from the 18 to 20 May 2011. Background: Attached is a brochure on the Local Government Association of Queensland's Economic and Regional Development Conference being held in Gladstone from the 18 to 20 May 2011. Cr. Brushe has indicated an interest in attending as it falls under her Council portfolio interests. Comment: Nil Alternatives Considered: Not applicable Link to Corporate/Operational Plan: Corporate Plan Objective 1.2.III Develop a well resourced, professional and responsive organisation focused on excellence. Operational Plan Performance Measure of Budget 105 - Portfolio interest conferences attended by elected members. Communication/Consultation (Internal/External): Not applicable


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Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Conference Registration of $880 per person Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That Cr. Brushe be authorised to attend the Local Government Association of Queensland Economic and Regional Development Conference to be held in Gladstone from the 18th to 20th May 2011. Attachments: 1. Conference Brochure Tabled Items: 1. Nil Report Prepared by: Assistant to the Chief Executive Officer


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G/5.1.2NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT 19-22

JUNE 2011 Responsible Officer: Chief Executive Officer Council Meeting Date: 17 May 2011 Executive Summary: This report seeks to gauge Councillor interest in attending the National General Assembly of Local Government to be held in Canberra from the 19-22 June 2011. Background: Attached is a brochure on the Australian Local Government Association's National General Assembly of Local Government to be held in Canberra from 19-22 June 2011. Council may wish to send a delegate to the National conference if there are any items of interest on the agenda. Comment: Nil Alternatives Considered: Not applicable Link to Corporate/Operational Plan: Corporate Plan Objective 1.2.III Develop a well resourced, professional and responsive organisation focussed on excellence. Operational Plan Performance Measure Budget 105 - Portfolio interest conferences attended by elected members. Communication/Consultation (Internal/External): Not applicable Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Conference registration fee of $880 (early bird) or $990 (standard)


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Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: For Council's consideration. Attachments: 1. National General Assembly of Local Government Conference Brochure Tabled Items: 1. Nil Report Prepared by: Assistant to the Chief Executive Officer


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G/5.1.3 QUEENSLAND WEED SYMPOSIUM 31 JULY TO 3 AUGUST

2011 Responsible Officer: Chief Executive Officer Council Meeting Date: 17 May 2011 Executive Summary: This report seeks to gauge Councillor interest in attending the Queensland Weed Symposium being held in Mackay from the 31 July to 3 August 2011. Background: Attached is a brochure on the 11th Queensland Weed Symposium being held in Mackay from the 31 July to the 3 August 2011. The program aims to demonstrate new and practical weed management solutions and provide the opportunity for delegates to network with other weed management professionals and those involved in the weed management industry. Comment: Nil Alternatives Considered: Not applicable Link to Corporate/Operational Plan: Corporate Plan Objective 1.2.III Develop a well resourced, professional and responsive organisation focused on excellence. Operational Plan Performance Measure of Budget 105 - Portfolio interest conferences attended by elected members. Communication/Consultation (Internal/External): Not applicable Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Conference Registration of $595 (earlybird); $650 (standard)


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Asset Management Implications: Nil Environmental Implications: Opportunity to build weed management knowledge which will assist in informing environmental weed management practices Officer's Recommendation: That interested Councillors be authorised to attend the Queensland Weed Symposium to be held in Mackay from the 31 July to 3 August 2011. Attachments: 1. Queensland Weed Symposium Brochure Tabled Items: 1. Nil Report Prepared by: Assistant to the CEO


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G/5.1.4REPORT ABOUT PROCEEDING WITH THE MAKING OF LOCAL

LAWS AND SUBORDINATE LOCAL LAWS Responsible Officer: Director Governance Council Meeting Date: 17 May, 2011 Executive Summary: 1. Reporting on properly made submissions received as part of the public

consultation process relating to the proposed local laws and subordinate local laws and any possible anti-competitive provisions contained in those local laws and subordinate local laws.

2. Recommending that Council implement the recommendation of each Public

Interest Test Report prepared following the pubic consultation process. 3. Recommending that Council proceed with:

(1) the making of certain proposed local laws and subordinate local laws, either as advertised or with particular amendments; and

(2) the adoption of certain model local laws.

4. Recommending that Council again consult with the public about its proposed

local laws and subordinate local laws which contain amendments. Background: At its Ordinary Meeting on 16/11/2010, Council resolved to: 1. propose to adopt each model local law listed in Schedule 1 to the resolution; 2. propose to make each proposed local law listed in Schedule 2 to the resolution; 3. propose to make each proposed subordinate local law listed in Schedule 3 to

the resolution. In addition, at its Ordinary Meeting on 21/12/2010, Council resolved pursuant to section 257 of the Local Government Act 2009 to delegate to the Chief Executive Officer its powers under section 18 of the Local Government (Operations) Regulation 2010 to decide: 1. how the public interest test of each local law and subordinate local law

particularised in the Schedule to the resolution is to be conducted;

2. the matters with which the public interest test report in relation to each local law and subordinate local law particularised in the Schedule to the resolution must deal; and

3. the consultation process for the public interest test and how the process is to be

used in the public interest.


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Subsequently, in accordance with Council’s Local Law Making Process and Community Engagement Policy, Council consulted with the public regarding both:

- the proposed local laws and subordinate local laws; and - possible anti-competitive provisions contained in those local laws and

subordinate local laws. The consultation period commenced on 1 February 2011 and ended on 31 March 2011. Consultation involved the following where the term ‘local laws’ includes ‘subordinate local laws’:

- a consultation notice about the proposed local laws (including possible anti-competitive provisions) being published in the Gladstone Observer, Bundaberg News-Mail and displayed in various offices within the local government area as required by Council’s Local Law Making Process;

- the holding of eight (8) public meetings in various locations within the local

government area to explain the proposed local laws; consultation process and to answer questions;

- the Council website having: information about the consultation process and

the making of submissions; fact sheets explaining the proposed local laws and the anti-competitive provisions and public interest tests on the proposed local laws; and copies of the proposed local laws and public interest test plans available for down loading;

- making copies of the proposed local laws and public interest test plans

available for inspection and purchase from Councils public offices;

- publishing articles and advertisements at various times in the local press reminding the public about the consultation process being undertaking and their right to make submissions; and

- the creation of a dedicated E-mail address where the public could ask

questions about the propose local laws and receive a timely response. Comment: At the end of the consultation period (31/3/2011), 103 submissions had been received. Councillors have been provided with a copy of the public submissions received separately for their consideration. They are not however included in this report (in their entirety) because of privacy issues relating to the Information Privacy Act 2009. Attached is a Summary of Submissions received that summarise: the grounds of the submission; fact & circumstances relied upon in support of the grounds; and recommendations by the submitters (Attachment 1). It is now considered appropriate for Council to accept and consider these properly made submissions.


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The local law making process previously adopted by Council contemplates that Council may resolve to proceed with each of:

- the making of its proposed “other” local laws;

- the adoption of its proposed model local laws;

- the making of its proposed subordinate local laws. Accordingly, the recommendation contained in this report:

- identifies the local laws and subordinate local laws that fall within the 3 categories referred to above; and

- where the recommendation proposes to proceed with the making of a local

law or a subordinate local law otherwise than as advertised during the consultation period, identifies amendments which arise as a consequence of public consultation undertaken by Council to date.

In addition, section 38 of the Local Government Act provides that Council must not make a local law (including a subordinate local law) that contains an anti-competitive provision unless Council has complied with the procedures prescribed by a regulation for the review of anti-competitive provisions. Consequently, in order to comply with the procedures prescribed under the regulation, the recommendation contained in this report also proposes that Council:

- note the content of the various public interest test reports attached to this report (Attachments 2 to 5 (inclusive); and

- resolve to implement the recommendation of each public interest test report.

In addition, given that it is recommended that Council proceed with the making of a number of the proposed local laws and subordinate local laws with amendments, it is recommended that further public consultation be undertaken in respect of those proposed local laws and subordinate local laws. Alternatives Considered: As detailed in this report. Link to Corporate/Operational Plan: Executive Support Services 1.1.1 Develop a governance model based on strong ethical leadership with

transparency and accountability in policy formulation and decision making. Communication/Consultation (Internal/External): Extensive public consultation as outlined in this report has taken place. Consultation at an officer level has also taken place with issues being discussed previously with Councillors at discussion group level.


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Legal Implications (statutory basis, legal risks): Nil as recommendations are based on advice from Council’s solicitor. Policy/Local Law/Delegation Implications: Nil at this stage Financial and Resource Implications: Nil Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That: 1. The Public Interest Test Reports identified in Schedule 1 that have been presented to a meeting of Council, Council implement the recommendation of each Public Interest Test Report identified in Schedule 1.

SCHEDULE 1

(a) Public Interest Test Report – Local Law No. 1 (Administration) 2011 (formerly Local Law No. 1 (Administration) 2010) and various subordinate local laws;

(b) Public Interest Test Report – Local Law No. 2 (Animal Management) 2011 (formerly Local Law No. 2 (Animal Management) 2010) and various subordinate local laws;

(c) Public Interest Test Report – Local Law No. 3 (Community and Environmental Management) 2011 (formerly Local Law No. 3 (Community and Environmental Management 2010) and Subordinate Local Law No. 3 (Community and Environmental Management) 2011 (formerly Local Law No. 3 (Community and Environmental Management) 2010);

(d) Public Interest Test Report – Local Law No. 6 (Bathing Reserves) 2011 (formerly Local Law No. 6 (Bathing Reserves) 2010) and Subordinate Local Law No. 6 (Bathing Reserves) 2011 (formerly Subordinate Local Law No. 6 (Bathing Reserves) 2010).

2. Council:

(a) proceed with the making of each proposed local law listed in Schedule 2 as advertised; and


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(b) proceed with the adoption of each model local law listed in Schedule 3 as advertised; and

(c) proceed with the making of each subordinate local law listed in Schedule 4 as advertised;

(d) proceed with the making of each local law listed in Schedule 5 with amendments as particularised in Schedule 5; and

(e) proceed with the making of each subordinate local law listed in Schedule 6 with amendments as particularised in Schedule 6; and

(f) again consult with the public about its proposed local laws and subordinate local laws which contain amendments.

SCHEDULE 2

1. Local Law (Repealing) Local Law (No. 1) 2011 (formerly Local Law (Repealing) Local Law (No. 1) 2010);

2. Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011 (formerly Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2010);

3. Local Law No. 7 (Aerodromes) 2011 (formerly Local Law No. 7 (Aerodromes) 2010).

SCHEDULE 3

1. Model Local Law No. 2 (Animal Management) 2011 (formerly Model Local Law No. 2 (Animal Management) 2010);

2. Model Local Law No. 3 (Community and Environmental Management) 2011 (formerly Model Local Law No. 3 (Community and Environmental Management) 2010);

3. Model Local Law No. 5 (Parking) 2011 (formerly Model Local Law No. 5 (Parking) 2010);

4. Model Local Law No. 6 (Bathing Reserves) 2011 (formerly Model Local Law No. 6 (Bathing Reserves) 2010).

SCHEDULE 4

1. Subordinate Local Law No. 1.1 (Alteration or Improvement to Local Government Controlled Areas and Roads) 2011 (formerly Subordinate Local Law No. 1.1 (Alteration or Improvement to Local Government Controlled Areas and Roads) 2010);

2. Subordinate Local Law No. 1.3 (Establishment or Occupation of a Temporary Home) 2011 (formerly Subordinate Local Law No. 1.3 (Establishment or Occupation of a Temporary Home) 2010);

3. Subordinate Local Law No. 1.5 (Keeping of Animals) 2011 (formerly Subordinate Local Law No. 1.5 (Keeping of Animals) 2010);


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4. Subordinate Local Law No. 1.6 (Operation of Camping Grounds) 2011 (formerly Subordinate Local Law No. 1.6 (Operation of Camping Grounds) 2010);

5. Subordinate Local Law No. 1.7 (Operation of Cane Railways) 2011 (formerly Subordinate Local Law No. 1.7 (Operation of Cane Railways) 2010);

6. Subordinate Local Law No. 1.8 (Operation of Caravan Parks) 2011 (formerly Subordinate Local Law No. 1.8 (Operation of Caravan Parks) 2010) ;

7. Subordinate Local Law No. 1.9 (Operation of Cemeteries) 2011 (formerly Subordinate Local Law No. 1.9 (Operation of Cemeteries) 2010);

8. Subordinate Local Law No. 1.10 (Operation of Public Swimming Pools) 2011 (formerly Subordinate Local Law No. 1.10 (Operation of Public Swimming Pools) 2010);

9. Subordinate Local Law No. 1.11 (Operation of Shared Facility Accommodation) 2011 (formerly Subordinate Local Law No. 1.11 (Operation of Shared Facility Accommodation) 2010);

10. Subordinate Local Law No. 1.12 (Operation of Temporary Entertainment Events) 2011 (formerly Subordinate Local Law No. 1.12 (Operation of Temporary Entertainment Events) 2010);

11. Subordinate Local Law No. 1.13 (Undertaking Regulated Activities regarding Human Remains) 2011 (formerly Subordinate Local Law No. 1.13 (Undertaking Regulated Activities regarding Human Remains) 2010);

12. Subordinate Local Law No. 1.14 (Undertaking Regulated Activities on Local Government Controlled Areas and Roads) 2011 (formerly Subordinate Local Law No. 1.14 (Undertaking Regulated Activities on Local Government Controlled Areas and Roads) 2010);

13. Subordinate Local Law No. 1.15 (Carrying out Works on a Road or Interfering with a Road or its Operation) 2011 (formerly Subordinate Local Law No. 1.15 (Carrying out Works on a Road or Interfering with a Road or its Operation) 2010);

14. Subordinate Local Law No. 1.16 (Gates and Grids) 2011 (formerly Subordinate Local Law No. 1.16 (Gates and Grids) 2010);

15. Subordinate Local Law No. 1.17 (Parking Permits for Parking Contrary to an Official Traffic Sign) 2011 (formerly Subordinate Local Law No. 1.17 (Parking Permits for Parking Contrary to an Official Traffic Sign) 2010);

16. Subordinate Local Law No. 1.18 (Use of a Vehicle on an Airside Area) 2011 (formerly Subordinate Local Law No. 1.18 (Use of a Vehicle on an Airside Area) 2010);

17. Subordinate Local Law No. 1.19 (Reservation of a Bathing Reserve for Training, Competition etc) 2011 (formerly Subordinate Local Law No. 1.19 (Reservation of a Bathing Reserve for Training, Competition etc) 2010);

18. Subordinate Local Law No. 3 (Community and Environmental Management) 2011 (formerly Subordinate Local Law No. 3 (Community and Environmental Management) 2010);


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19. Subordinate Local Law No. 6 (Bathing Reserves) 2011 (formerly Subordinate Local Law No. 6 (Bathing Reserves) 2010.

SCHEDULE 5

1. Local Law No. 1 (Administration) 2011 (formerly Local Law No. 1 (Administration) 2010).

Local Law No. 1 (Administration) 2011

Section 9(1), paragraphs (d) and (e)—

renumber as paragraphs (e) and (d).

SCHEDULE 6

1. Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2011 (formerly Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2010);

2. Subordinate Local Law No. 1.4 (Installation of Advertising Devices) 2011 (formerly Subordinate Local Law No. 1.4 (Installation of Advertising Devices) 2010);

3. Subordinate Local Law No. 1.20 (Bringing a Motor Vehicle onto, or Driving a Motor Vehicle on, a Bathing Reserve or Foreshore) 2011 (formerly Subordinate Local Law No. 1.20 (Bringing a Motor Vehicle onto, or Driving a Motor Vehicle on, a Bathing Reserve or Foreshore) 2010);

4. Subordinate Local Law No. 2 (Animal Management) 2011 (formerly Subordinate Local Law No. 2 (Animal Management) 2010);

5. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011 (formerly Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2010); and

6. Subordinate Local Law No. 5 (Parking) 2011 (formerly Subordinate Local Law No. 5 (Parking 2010).

Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2011

Schedule 4, ‘principle premises’—

omit, insert—

‘principal premises’.

Subordinate Local Law No. 1.4 (Installation of Advertising Devices) 2011

Schedule 3, section 4(2)—

(a) paragraph (d), ‘up to a maximum of 3 signs’—

omit.


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(b) paragraph (f)—

omit, insert—

‘(f) an advertising device promoting the sale of premises must not be displayed for—

(i) not more than 14 days after the date of settlement of the sale of the premises; or

(ii) more than 6 months in any 12 month period; and’;

(c) after paragraph (f)—

insert—

‘(fa) an advertising device promoting the leasing or letting of premises must not be displayed for more than 3 days after the premises are leased or let; and’;

(d) paragraphs (fa), (g) and (h)—

renumber of paragraphs (g), (h) and (i).

Subordinate Local Law No. 1.20 (Bring a Motor Vehicle onto, or Driving a Motor Vehicle on, a Bathing Reserve or Foreshore) 2011

Schedule 1, section 1, from ‘as’ to ‘Beach’—

omit, insert—

‘as Lilley’s Beach’.

Schedule 3, definition, ‘Curtis Island Foreshore’—

omit.

Subordinate Local Law No. 2 (Animal Management) 2011

(1) Schedule 1, item 4, column 1, ‘alpaca,’—

omit;

(2) Schedule 1, item 4, column 2, paragraph (i)—

omit;

(3) Schedule 1, item 4, column 2, paragraphs (j), (k) and (l)—

renumber as paragraphs (i), (j) and (k);

(4) Schedule 1, item 5, column 2—

omit, insert—


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‘(1) More than 6 poultry on an allotment with an area less than 1500m2.

(2) More than 10 poultry on an allotment with an area less than 4000m2.’;

(5) Schedule 1, items 10 and 11—

omit;

(6) Schedule 1, item 12—

renumber as item 10;

(7) Schedule 2, items 3 and 4—

omit;

(8) Schedule 5, item 8, column 1—

omit, insert—

‘Dogs, if the dogs are kept on premises at a kennel, or the dogs are kept for the purpose of breeding, and cats, if the cats are kept on premises at a cattery, or the cats are kept for the purpose of breeding’;

(9) Schedule 6, item 1, column 1, paragraph (iii)—

omit;

(10) Schedule 6, item 1, column 1, paragraph (iv)—

renumber as paragraph (iii);

(11) Schedule 6, item 5, column 2 after ‘animal’—

insert—

‘other than dogs’;


insert—



insert—


(14) Schedule 6, map titled ‘Agnes Water – Dogs Prohibited Area’—

omit, insert—

the map attached to this report to Council titled ‘Agnes Water – Dogs Prohibited Area’;


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(15) Schedule 6, map titled ‘Seventeen Seventy – Dogs Prohibited Area’—

omit;

(16) Schedule 7, after item 7—

insert—

‘8. The area of bathing reserve and foreshore shown on the map which forms part of this schedule 7 and identified as ‘Agnes Water Beach – Dog Off Leash Area’, but only to the north of the ‘Sandcastles’ beach access point.’;

(17) Schedule 7, after item 8—

insert—

the map attached to this report to Council titled ‘Agnes Water Beach – Dog Off Leash Area’;

(18) Schedule 13, definition, ‘cattery’—

omit, insert—

‘cattery—

(a) has the meaning given in the planning scheme of the local government; but

(b) includes—

(i) animal husbandry as defined in the planning scheme of the local government; and (ii) animal keeping as defined in the standard planning scheme provisions.’.

(19) Schedule 13, definition, ‘kennel’—

omit, insert—

‘kennel—

(a) has the meaning given in the planning scheme of the local government; but

(b) includes—

(i) animal husbandry as defined in the planning scheme of the local government; and

(ii) animal keeping as defined in the standard planning scheme provisions.’.

(20) Schedule 13, after the definition ‘stallion’—

insert—

‘standard planning scheme provisions has the meaning given in the Sustainable Planning Act 2009.’.


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Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011

(1) Schedule 2, item 3—

insert—

‘

(j) Entering or remaining in a local government cemetery after 6:00p.m. or before 6:00a.m. on any day.

(j) Permitted if the person entering or remaining—

(i) is a security provider employed by the local government to provide the services of a security provider at the local government cemetery; or

(ii) is a police officer carrying out the functions of the officer’s employment; or

(iii) is an employee of the local government carrying out the functions of the employee at the local government cemetery, for example, prefuneral activities and cemetery maintenance activities under the supervision of the chief executive officer of the local government; or

(iv) is authorised to enter and remain at the local government cemetery under


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the conditions of an approval for a prescribed activity, for example, the use of the local government cemetery for the supply of a service for profit, and in particular, the conduct of a historical tour of the local government cemetery.

’

(2) Schedule 2, item 4, column 3 paragraph (b), ‘Fuller’—

omit, insert—

‘Futter’;

(3) Schedule 2, item 10 columns 1, 2 and 3 for the bathing reserve or foreshore identified as ‘Curtis Island Foreshore’—

omit;

(4) Schedule 6, Local government caravan parks, the local government caravan park identified as ‘1770 Caravan Park’—

omit;

(5) Schedule 7, definition, ‘Curtis Island Foreshore’—

omit;

(6) Schedule 7, Appendix A—

omit, insert—

‘Deleted intentionally.’.

Subordinate Local Law No. 5 (Parking) 2011

Schedule 2—

(a) item 3, ‘Lot 1’—

omit, insert—

‘Lot 2’.


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(b) after item 4—

insert—

‘4A 23 Tank Street, Gladstone described as Lot 27 on plan G14103, county of Clinton, parish of Gladstone’.

(c) items 4A and 5—

renumber as items 5 and 6.

Attachments: 1. Summary Report of Submissions – Local Law Review Project 2. Public Interest Test Report – Local Law 1 (Administration) & Subordinate Local

Laws 3. Public Interest Test Report – Local Law 2 (Animal Management) & Subordinate

Local Law 4. Public Interest Test Report – Local Law 3 (Community & Environmental

Management) & Subordinate Local Law 5. Public Interest Test Report – Local Law 6 (Bathing Reserves) & Subordinate

Local Law 6. Map - Agnes Water – Dogs Prohibited Area 7. Map - Agnes Water Beach – Dog Off Leash Area Tabled Items: 1. Nil Report Prepared by: Director Governance

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