Local Laws and Policies

Scope:

• Fines for some prescribed activities unless there is a current Council approval.
• How to apply and fees for a prescribed activity and to transfer or amend conditions of an approval.
• Enforcement of any of the local laws.
• How Council suspends or cancels approvals of prescribed activities.
• How to apply for review of a decision made by Council under any of the local laws.
• What happens to abandoned, seized or impounded things.

A prescribed activity is an activity for which a Local Government Act authorises the local government to grant an approval but does not make any other provision, except provision that is consistent with this part, about the process for the local government to grant the approval.

Some examples of prescribed activities include:

• Foreshore activities
• Busking
• Concerts
• Festivals
• Equipment Hire
• Life-saving competition;
• Markets
• Motor vehicles (other than emergency vehicles) including quad bikes and motorcycles unless it is a road
• Organised sport or recreation activities
• Sale of goods and services (including food or drink)
• Social or community events for more than 50 people
• Weddings
• An advertisement or sign visible from a road or other public place requiring a Council approval.
• Commercial vehicle identification labels for Local Law 5 Parking to park in loading zones.
• Footpath dining permits for the Commercial Activities on Roads local law.
• Keeping of animals and other activities requiring a Council approval under Local Law 2 Animal Management.
• Living aboard a vessel or anchoring for more than 48 hours in Port Douglas Boat Harbour.
• Temporary entertainment events that are open to the public.

Scope:

• How many, what type, how and where animals can be kept.
• Control of animals in public places, for example dog off-leash areas.
• Prohibiting the sale of cats or dogs unless the sale is by licensed breeders or under a current Council approval.
• Requiring pet shops, catteries and kennels to have a current Council approval.
• Seizing, impounding and destroying animals.
• How impounded animals are reclaimed or sold.
• Appeal to the Magistrates Court against a destruction order.

The Animal Management Local Law Regulates The Keeping Of Animals, For Example:

• Cats and pigs cannot be kept in the Conservation Planning Area; and
• Pigs, roosters and stallions cannot be kept on land smaller than one hectare.

Council Approval Is Required To Keep:

• More than two cats.
• More than six chickens on land 450m2 to 800m2.
• More than two dogs and only on land bigger than 450m2.
• More than one horse and only on land of 2,000m2 or larger.

Council Approval Is Required To Breed:

• Birds or poultry on land smaller than 2,000m2.
• Cats or dogs
• Cattle, goats or horses on land smaller than 10,000m2.
• Chickens must be kept more than 10m from a home and 5m of a property boundary or road.

Applications for Council approval are made under Local Law 1 Administration.

Useful Links
Queensland local laws database

Animal complaints

Scope:

• Animal and plant pests.
• Fires (for example to burn rubbish, and fire hazards).
• Hazards, unsightly things and problems for neighbours, for example:
  • barbed wire fences next to a park or house;
  • disused, broken down or rusty metal, machines and vehicles;
  • electric fences;
  • refuse from cleaning fish;
  • smoke from outdoor cooking ovens; and
  • things that could be airborne and cause injury.
• Hoarding.
• Noise, for example:
  • from building work on Sunday and public holidays, or before 6.30am and after 6.30pm on any other day;
  • from a regulated device before 8am or after 7pm on Sunday and public holidays, or before 7am or after 7pm on any other day;
  • some generators north of the Daintree River between 10pm and 7am, or between 7am and 7pm, or between 7pm and 10pm depending on the noise level;
  • pumps, swimming pool pumps and spa blowers between 10pm and 7am, or between 7am and 7pm, or between 7pm and 10pm depending on the noise level; and
• Overgrown vegetation.

Some regulated devices are:

• a compressor;
• a lawn mower and leaf blower; and
• power tools including pneumatic power tools.

IMPORTANT LINKS

• Queensland Local Laws Database
• Pest Management
• Environmental Nuisance
• Overgrown Allotments

Scope:

• Activities on local government controlled areas or roads, for example:
  • flying model aircraft;
  • occupying by landscaping or keeping garden furniture or a bbq on a neighbouring park or drainage reserve;
  • racks of clothing and hats on footpaths;
  • prohibiting vegetation obstructing a footpath; and
  • vegetation obstructing the driver’s view of the road which is prohibited.
• Roads, for example:
  • hire of pedicabs;
  • fences to prevent animals being on roads; and
  • displaying a street number to be seen from the road.

Local government controlled areas include land, facilities and infrastructure. Local government controlled land is managed or owned by Council. The Queensland Government may own the land. Examples are:

• Some boat ramps.
• Camping reserves.
• Cemeteries.
• Drainage reserves;
• Foreshore between high and low water and adjoining esplanade;
• Parks.
• Port Douglas Boat Harbour.
• Public halls.
• Recreation / sport reserves.

Local government facilities are a place, amenity, or piece of equipment of Council provided for a particular purpose such as:

• Council CCTV;
• Council water or sewerage pipe on private property;
• the ferry; and
• a public toilet

Local government infrastructure is a type of local government facility and includes water supply and sewer.

IMPORTANT LINKS

QUEENSLAND LOCAL LAWS DATABASE

Scope:

The Parking local law is about traffic areas, off-street regulated parking areas, parking permits and minor traffic offences.

The Parking local law does this under traffic legislation made by the Queensland Parliament called the Traffic Operations (Road Use Management) Act 1995.

Applications for permits are made under Local Law 1 Administration.

Request To Withdraw Penalty Infringement Notice 

Council may consider withdrawing a PIN for several reasons.

These include:

1) The PIN was issued in error.

2) You were not the driver of the vehicle at the time of the offence and the actual driver acknowledges and accepts responsibility for the offence.

3) You had sold the vehicle prior to the offence occurring.

4) The vehicle or registration plates were stolen and you were not in possession of the vehicle at the time of the offence.

5) At the time the offence occurred you were involved in a medical emergency.

6) The vehicle broke down and you were unable to park in a regulated car parking space or other suitable legal location.

7) Regulatory signage had been removed, damaged or obscured to the point where visibility was significantly affected and/or road markings were not visible at the time the offence occurred.

LL33 - Request To Withdraw Penalty Infringement Notice (250.8 KiB)

Scope:

The Bathing Reserves local law is about that part of the beach and sea declared in 1973 as bathing reserves and activities including the role of life-savers in bathing reserves. The bathing reserves are at:

• Four Mile Beach
• Newell Beach
• Oak Beach
• Pebbly Beach
• Rocky Point Beach
• Thornton Beach
• Wonga Beach

IMPORTANT LINKS

QUEENSLAND LOCAL LAWS DATABASE