Subordinate local law no. 3 (community and environment management) 2010

Whitsunday Regional Council
Subordinate Local Law No. 3 (Community and Environmental
Management) 2014
Contents
Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Preliminary
Short title
This subordinate local law may be cited as Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014. Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Whitsunday Regional Council Local Law No. 3 (Community and Environmental Management) 2014, which provides for protecting the environment and public health, safety and amenity within the local government's area. (2) The purpose is to be achieved by providing for— declaration of local pests; and prohibition of lighting or maintaining certain fires; and declaration of fire hazards; and declaration of community safety hazards; and prescribed requirements for owners of land containing community safety hazards; and declaration of noise standards. Authorising local law
The making of the provisions in this subordinate local law is authorised by
Whitsunday Regional Council Local Law No. 3 (Community and Environmental
Management) 2014 (the authorising local law).
Definitions
Particular words used in this subordinate local law have the same meaning as provided for in the authorising local law. In this subordinate local law - General Waste means–
Generally, waste other than regulated waste (as defined in the Waste Reduction and Recycling Act 2011); or Any of the following– (i) Commercial waste – means waste, other than green waste, recyclable waste, interceptor waste or waste discharged to a sewer, produced as a result of the ordinary use or occupation of commercial premises; (ii) Domestic waste – means waste, other than domestic clean-up waste, green waste, recyclable waste, interceptor waste or waste discharged to a sewer, produced as a result of the ordinary use or occupation of domestic Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 (iii) Recyclable waste – for a local government's area, means clean and inoffensive waste that is declared by the local government to be recyclable waste for the area. Examples of waste that may be declared to be recyclable waste– Glass bottles, newspaper, cardboard, steel and aluminium cans and green waste. Generator means– an engine that converts mechanical energy into electricity to serve
as a power source
Lot has the meaning given in the Sustainable Planning Act 2009
Non-urban area includes all areas not contained within the definition of an urban
area contained within the Sustainable Planning Regulation (2009)
Planning scheme means– the relevant planning instrument in effect for the Local
Government area.
Property means–
if a person owns and occupies 2 or more adjoining lots – the parcel of land comprising all of the lots owned by the person Residential activities means the following defined uses under the Planning scheme–
Accommodation units, Bed and breakfast, Caravan park, Caretaker's residence, Dual occupancy, Dwelling house, Guest accommodation, Health facility, Institution, Integrated resort, Multiple dwelling units and Rural works dwelling as defined by the Whitsunday Shire Planning Scheme 2009; or Accommodation building, Annexed apartment, Bed and breakfast, Caretakers residence, Caravan park, Dwelling house, Institutional residence and Retirement village as defined by the Bowen Shire Planning Scheme 2006. Urban area is that defined under the Sustainable Planning Regulations (2009).
Occupier of a place includes–
The person who has the control or management of the place; or A person in charge of or responsible for activities in the place that result in contravention of or a nuisance under this local law; or With respect to noise nuisances – a person in attendance at the place who is the person making the excessive noise or in a position to abate the noise nuisance. Owner has the meaning given in the Sustainable Planning Act 2009.
Declared local pests
Declaration of local pests—Authorising local law, s 6(1)
For section 6(1) of the authorising local law, the animal or plant prescribed in column 1 of schedule 1 is a declared pest in the corresponding part of the local government's area mentioned in column 2 of schedule 1. Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Persons exempted from introducing etc a declared local pest—Authorising
local law, s 12(2)
For section 12(2) of the authorising local law, a person mentioned in column 1 of schedule 2 is exempt from section 12(1) of the authorising local law in relation to introducing, propagating, breeding or providing harbour to a declared local pest mentioned in the corresponding part of column 2 of schedule 2. Overgrown and unsightly allotments
Overgrown and unsightly allotments include land with an abandoned sugar cane crop which has not been harvested for 24 months or more and which is likely to attract or harbour reptiles. Fires and fire hazards
Prohibition on lighting or maintaining fires—Authorising local law, s 15(2)
(1) This section applies to the following fires1— (a) a fire in which neither the height, width nor length of the material to be consumed exceeds 2 metres; (b) a fire lit for the purpose of burning the carcass of a beast; (c) a fire lit at a sawmill for the purpose of burning sawdust or other residue resulting from the operation of a sawmill; (d) a fire lit out-doors, unless enclosed in a fireplace so constructed as to prevent the escape of fire or any burning material therefrom. (2) For section 15(2) of the authorising local law, lighting or maintaining a fire described in column 2 of schedule 3 is declared to be prohibited in the corresponding part of the local government's area mentioned in column 1 of schedule 3. Fire hazards—Authorising local law, s 16(3)(b)
For section 16(3)(b) of the authorising local law, the following are declared to be fire hazards— live cinders or hot ash that is not enclosed in a fireplace so constructed as to prevent the escape of cinders or ash; a substantial accumulation of grass clippings that is liable to spontaneous combustion; dry vegetation that could be easily ignited or other flammable materials; 1 Pursuant to a notification by the Fire and Rescue Services Commissioner published in the gazette on 6 August 2004 under section 63 of the Fire and Rescue Service Act 1990, the listed fires can generally be lit without a permit issued by a fire warden, provided adequate precautions are taken to prevent the spread of fire and the fire confirms with any local law. Local laws can therefore regulate these types of fire, which is the purpose of this subordinate local law. Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 abandoned sugar cane crops which have not been harvested for 24 months or more; accumulation of goods and materials that could ignite or cause danger to persons or property. Community safety hazards
Community safety hazards—Authorising local law, s 17(c)
For section 17(c) of the authorising local law, the following are declared to be community safety hazards— a plant on premises which— is dangerous or attracts reptiles; or (ii) has caused, or is, in the opinion of an authorised person, likely to cause— (A) personal injury or property damage; or (B) a negative impact on the amenity of the surrounding area; and an act or omission on premises which— is dangerous or attracts reptiles; or (ii) has caused, or is, in the opinion of an authorised person, likely to cause— personal injury or property damage; or a negative impact on the amenity of the surrounding area; and a dead animal on premises which— is dangerous or attracts reptiles; or (ii) has caused, or is, in the opinion of an authorised person, likely to cause— (A) personal injury or property damage; or (B) a negative impact on the amenity of the surrounding area; and 10 Prescribed requirements for community safety hazards—Authorising local
law, s 20(1)
For section 20(1) of the authorising local law, a responsible person for a community safety hazard listed in column 1 of schedule 4 must meet the requirements prescribed in the corresponding part of column 2 of schedule 4. Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Noise standards
11 Prescribed noise standards—Authorising local law, s 21(2)
(1) For section 21(2) of the authorising local law, the noise standard in column 2 of schedule 5 is prescribed for the section of the Environmental Protection Act 1994, chapter 8, part 3B, division 3 stated in column 1 of schedule 5. (2) For section 21(2) of the authorising local law, the noise standard in column 2 of schedule 5 applies in the corresponding part of the local government's area mentioned in column 3 of schedule 5. This part in the authorising local law does not contain any matters to be provided for by subordinate local law. Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Schedule 1
Declared local pests
Applicable part of local government's
Declared local pest
Entire local government area See Land Protection (Pest and Stock Route Management) Regulation 2003 for a list of plants and animals that are already declared pests under the Land Protection (Pest and Stock Route Management) Act 2002. See also the Fisheries Regulation 2008 for a list of fish that are already declared as "noxious fisheries resources" under the Fisheries Act 1994. Milkweed (Euphorbia heterophylla) Castor Oil Plant (Ricinus communis) Japanese Sunflower (Tithonia diversifolia) Caltrop (Tribulus cistoides, T. terrestris) Coral Vine (Antigonon leptopus) Khaki Weed (Alternanthera pungens) Noogoora Burr (Xanthium strumarium) Blackeyed Susan (Thunbergia alata, T. species) Neem Tree (Azadirachta indica) Leucaena (Leucaena leucocephaia) Itch Grass (Rottboellia cochinchinensis) Candle Bush (Senna alata) Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Schedule 2
Persons exempted from offence of
introducing etc declared local pest
Exempt Person
Declared local pest
Authorised persons of, or persons Milkweed (Euphorbia heterophylla) engaged by, a local, State or Castor Oil Plant (Ricinus communis) Commonwealth government authority while acting under the direction of the Japanese Sunflower (Tithonia diversifolia) Caltrop (Tribulus cistoides, T. terrestris) Coral Vine (Antigonon leptopus) Khaki Weed (Alternanthera pungens) Noogoora Burr (Xanthium strumarium) Blackeyed Susan (Thunbergia alata, T. species) Neem Tree (Azadirachta indica) Leucaena (Leucaena Leucocephaia) Itch Grass (Rottboellia cochinchinensis) Candle Bush (Senna alata) Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Schedule 3
Prohibited fires
Applicable part of local government's
Prohibited fire
Entire local government area (1) A fire that is not contained in a commercial standard incinerator constructed in accordance with Australian Standard 1875 (or any other applicable Australian Standard); or (2) Any fire on private property having an area less than 4,500 square metres, unless it is enclosed in a fireplace so constructed as to prevent the escape of fire or any burning material therefrom. E.g a fire that is contained in a domestic barbeque or brazier; or (3) Any fire that is not directly associated with the bona fide use of any appliance or equipment for cooking or heating purposes provided all reasonable and practical measures have been taken by the person in control of the fire to minimise smoke creation; or In subsection (4) – Reasonable and practical
measures include the selection of a
suitable fuel for the burning activity
and the maintenance of conditions
which promote efficient combustion
of that fuel.
(4) A fire that causes smoke or other products of combustion and is likely in the opinion of an authorised person to cause irritation, annoyance or distress to others; or (5) A fire that in the opinion of an authorised person exposes property to the risk or damage or destruction by fire. Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Local government controlled areas A fire that is not in a fireplace, barbeque or incinerator constructed by the local Bathing reserves Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Schedule 4
Prescribed requirements for community
safety hazards
Community safety hazard
Prescribed requirements to be met by
owner of land
Barbed wire fencing. Fencing not to be installed along a boundary adjoining a public park; Barbed wire to be used in urban areas only in a security fence with the barbed wire to be more than 2 metres off the ground. Electric fencing. Fencing that adjoins any road or public land to have warning signs of a size that can be read from a distance of 5 metres and fixed at 5 metre intervals along the fence; Fencing must be situated at least 1500mm from a fence located on or within the boundary of the premises OR such that if the fencing is installed on the boundary of the premises the lowest point of the fencing capable of imparting an electric shock when touched is at least 2000 mm in height; Fencing must be installed, operated and maintained in accordance with AS/NZS 3014:2003; Fencing for security must be installed, operated and maintained in accordance with AS/NZS 3016:2002. Roof sheeting, guttering, sheet metal Any materials not fixed to a structure to be weighted down or tied down to prevent them from becoming airborne during high winds. Disused machinery Must be stored in a structure or way considered appropriate by an Broken down machinery parts authorised person. Severely rusted vehicles Accumulations of bottles, containers or packaging Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Refuse or scrap metal Objects that are unsecured or Objects or materials to be safely inadequately secured and likely in the secured to the satisfaction of an opinion of an authorised person to be authorised person; or carried away in high winds with possible Objects or materials to be stored in risk of personal injury or property an area where they are not subject to movement by high winds Smoke from outdoor cooking ovens or Must not in the opinion of an authorised person cause a nuisance to another person. Fish frames, scraping, carcasses or guts Must not be discarded in water courses etc. Vegetation which overhangs another The vegetation must be trimmed or property which, because of its nature or removed to an extent that the vegetation its position, poses a significant risk of does not pose a risk or cause an injury to causing injury to a person or property. a person or property. A disused well or dam The disused well or dam must be filled in, barricaded or otherwise made safe. A fence or structure within 6 meters of The fence or structure must not be the point of meeting of the alignment of constructed to a height greater than 1 respective allotments having frontages to meter unless the location of the fence or a road intersection or road junction structure is permitted by the planning scheme. Landscaping within 6 meters of the point Plants and trees must not be permitted to of meeting of the alignment of respective exceed 1 meter in height. allotments having frontages to a road intersection or road junction Artificial illumination Stop and further prevent the light spillage or reduce it to a level which is in the opinion of the authorised person, acceptable. Atmospheric pollutants e.g odour or dust Stop and further prevent the emission of odours, dust or other atmospheric pollutants; or Reduce the emission to a level which in the opinion of an authorised person is acceptable; or Take any other action reasonable required to remedy and further prevent the nuisance. Goods, objects, materials or other things Remove goods, objects, materials or stored or deposited on land. other things from the land. E.g Shipping containers Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Supply enough standard general waste containers at the premises to contain the general waste produced at the premises; or If required by the local government, supply at the premises, enough waste containers, to contain the general waste produced at the premises– if a local government supplies a general waste container to premises the reasonable cost of supplying the container is a debt payable by the owner or occupier of the premises to the local government. The occupier of premises must– store general waste at the premises in a standard general waste container or, if required by the local government, another type of waste container; and (b) keep each waste container at the premises clean, hygienic and in good repair; and ensure that each waste container at the premises is securely covered, except when the waste is being placed in, or removed from, the container; A person must not– place any of the following in a waste container– a liquid, semi-liquid or moist substance, unless the substance is securely wrapped or contained to prevent the substance leaking from the wrapper or container; material that is Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 smouldering or aflame; matter or a thing that is alive; or remove or disturb the cover of a waste container, except when placing waste in the container; or use or damage a waste container so that it is not weatherproof or serviceable or can not be securely covered; or disturb or otherwise interfere with the contents of a waste container. The occupier of serviced premises must ensure that a waste container supplied for the premises is kept– if the local government requires the container to be kept at a particular place at the premises, at the place; or otherwise, at ground level close to the rear alignment of a building at the premises. The occupier of the premises must
place a waste container in a place
(a designated location) outside the
premises for the collection of
general waste from the container,
where–
the local government has arranged to collect waste from the container at the designated location; and the container is in the designated location for no longer than– the period, if any, allowed under a local law of the local government; or is otherwise reasonably appropriate before and after the collection. Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 If a local government has arranged for the collection of general waste from a waste container at premises, the occupier of the premises must ensure there is unobstructed access to the container for removal of the waste; A person must not deposit or dispose of the waste unless the person deposits or disposes of the waste– at a waste facility; or in accordance with– an approval by the local government for disposal of the waste; and (ii) if the approval has been given on conditions, the conditions of the approval Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Schedule 5
Prescribed noise standards
Section of the
Prescribed noise standard
Applicable part of
local government's
Protection Act
1994, chapter 8,
part 3B, division 3
440R Building
Building Work
a person must not carry out building work in a way that makes an audible noise– on a business day or Saturday, before 6.30am or after 6.30pm; or on any other day, at any time. The reference in subsection (1) to a person carrying out building work– includes a person carrying out building work under an owner-builder permit; and otherwise does not include a person carrying out building work at premises used by the person only for residential activities. 440S Regulated
Regulated devices – General
A Regulated device for the purposes of this
section means any of the following–
a ducted vacuuming system; an impacting tool; an oxyacetylene burner; an electrical, mechanical or pneumatic power tool; Examples of a power tool– chainsaw, drill, electric grinder or sander, Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 electric welder, nail gun; any other device declared by resolution of the local government to be a regulated device for the purposes of this provision. This section applies to– a person carrying out an activity other than building work; and a person carrying out building work, at premises used by the person only for residential activities, other than under an owner-builder permit. A person must not use or operate a regulated devise in a way that makes an audible noise– between 7.00pm and 7.00am on a business day or Saturday; or between 7.00pm and 8.00am on any other day. For the purposes of subsection (2), if the person using or operating the regulated device is a minor, liability instead attaches to a parent, guardian or person with actual or apparent care of the minor. Subsection (2) does not apply to a person operating a grass-cutter or leaf-blower at a place that is a State-controlled road or a railway under an authority from the occupier of the place or an employee or contractor of Whitsunday Regional Council operating a grass-cutter, leave blower or street sweeper being operated under an authority of the Whitsunday Regional Council Subsection (2)(a) does not apply to a person operating a regulated device at a manual arts facility at an educational institution between 7.00pm and 10.00pm. 440T Pumps
Entire local government area This section applies to premises at or for which there is a pump. An occupier of the premises must not use, or permit the use of the pump on any day– Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 between 10.00pm and 7.00am, if it makes an audible noise; or between 7.00am and 7.00pm, if it makes a noise of more than 5dB(A) above the background level; or between 7.00pm and 10.00pm, if it makes a noise of more than 3dB(A) above the background level. Subsection (2)(a), (b) and (c) do not apply to a noise made at an educational institution, that is not more than 5dB(a) above the background level. In this section– means an electrical, mechanical or pneumatic pump; and Examples– Liquid pump, air pump, heat pump includes a swimming pool pump and a spa blower. 440U Air-
Air-conditioning equipment
This section applies to premises at or for equipment
which there is air-conditioning equipment. an occupier of the premises must not use, or permit the use of, the equipment on any day if it makes a noise of more than 5dB(a) above the background level. Refrigeration equipment
This section applies to a person who is – equipment
an occupier of premises at or for
which there is plant or equipment
for refrigeration (refrigeration
equipment); or
an owner of refrigeration equipment that is on or in a vehicle, other than a vehicle used or to be used on a railway. The person must not use, or permit the use of, the refrigeration equipment on any day– Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 between 10.00pm and 7.00am, if it makes a noise of more than 3dB(A) above the background level; or between 7.00am and 10.00pm, if it makes a noise of more than 5dB(A) above the background level; or In this section– Vehicle includes a trailer.
Noise levels produced 3m immediately in front Airlie Esplanade of speaker systems do not exceed 100dB at times before 7.00pm and between 10.00pm and Airlie Lagoon Precinct 12 midnight, and/or 110dB at times between 7.00pm and 10.00pm, so that the use or activity Bowen Front Beach authorised under the licence does not cause a Cannonvale Foreshore Noise levels produced 3m immediately in front Airlie Main Street of speaker systems must not exceed 90dB so Proserpine Main Street that the use or activity authorised under the licence does not cause a nuisance. Herbert Street Bowen between Santa Barbara Parade and Powell Street Noise levels produced 3m immediately in front Parkland or reserve of speaker systems does not exceed 100dB at throughout entire local times before 7.00pm and between 10.00pm and 12 midnight, and/or 110dB at times between 7.00pm and 10.00pm, so that the use or activity authorised under the licence does not cause a nuisance. Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014 Drafting certificate
This and the preceding 19 pages bearing my initials is a certified copy of Whitsunday Regional Council Subordinate Local Law No. 3 (Community and Environmental Management) 2014, has been drafted in accordance with the Local Government Act 2009 by Whitsunday Regional Council by resolution dated 10th day of September 2014.

Scott Waters
Chief Executive Officer
Whitsunday Regional Council

Source: http://www.whitsundayrc.qld.gov.au/DocumentCenter/View/1591