Neighbourhood Amenity Local Law (HTML version)

1. Overview

1.1 Title

This is the Neighbourhood Amenity Local Law 2020, hereafter referred to as the Local Law.

1.2 Objectives

The objectives of this Local Law are to:

• provide for the peace, order and good governance of the municipal district ;
• prohibit, regulate and control activities, events, practices or behaviour in public places so that no detriment is caused to the amenity of the neighbourhood, nor nuisance to a person nor detrimental effect to a person’s property;
• protect Council’s assets and land and regulate their use;
• promote a physical and social environment free from hazards to health in which the community can enjoy a quality of life that meets its general expectations;
• provide for those matters which require a local law under the Act and any other Act; and
• provide for the administration of Council powers and functions.

1.3 The Power to Make this Local Law

Council’s power to make this Local Law is contained in section 111(1) of the Act and section 42 of the Domestic Animals Act 1994.

1.4 Commencement

This Local Law commences operation on the day after the day on which notice of its making is published in the Victoria Government Gazette.

1.5 Revocation Date

Unless sooner revoked, this Local Law ceases to operate 10 years after the date it commenced.

1.6 Revocation

The following local laws are revoked:

• General Provisions Local Law 2012; and
• Open Air Burning Local Law 2018.

1.7 Area of Operation

This Local Law applies throughout the whole of the municipal district.

1.8 Interpretation

In this Local Law, unless the contrary intention appears, a reference to:

• a clause is a reference to a clause in this Local Law;
• a sub-clause is a reference to a sub-clause of the clause in which the reference is made;
• a paragraph is a reference to a paragraph of the sub-clause in which the reference is made;
• a Part is a reference to a Part of this Local Law; and
• the singular also refers to the plural.

Explanatory Note – In this Local Law, definitions are shown in bold type

In this Local Law, unless inconsistent with the context:

1.9 Definitions

Definitions will appear as a link on the page. Click the link to view the definition.

Explanatory note: Expressions used in this Local Law generally have the same meaning as in the Act unless the contrary intention appears. In the Act, “road” is defined to include streets, rights of way, proclaimed streets or roads, footpaths, bicycle paths, nature strips, culverts, kerbing and other land or works forming part of the road.

1.10 Prescriptions

All prescriptions under this Local Law must appear on Council’s website.

1.11 Incorporated Documents

The incorporated document which forms part of this Local Law are:

• The Apiary Code of Practice 2011.

1.12 Exemptions

Council may exempt any person from the operation of any clause of this Local Law.

1.13 Delegation

Where, in this Local Law, a function or power is conferred on Council , that function or power can be performed and that function or power can be exercised by the Chief Executive Officer or any member of Council staff to whom performance of the function or exercise of the power is delegated.

2. Vehicles

2.1 Purpose

The purpose of this Part is to:

• empower authorised officers to impound unregistered or abandoned vehicles left standing on a road or Council land;
• regulate and control activities in relation to vehicles on any road or Council land ; and
• prohibit the storage of vehicles on any road or Council land.

2.2 Abandoned or Derelict Vehicles

A person must not abandon, leave or allow to be left, in or on a public place , road , reserve or Council land any vehicle or recreational vehicle that is:

• not currently registered if it is of a class of vehicle which is required to be registered under the Road Safety Act 1986 or some other Act; or
• derelict to such an extent that it is unable to move under its own power and is in a state of disrepair.

Penalty: 10 Penalty Units

2.3 Repair of Vehicles and Storage of Vehicles

A person must not:

• repair, paint, maintain or service a vehicle on any road or Council land except where it is necessary to undertake minor repairs to get the vehicle underway or moving; or
• use any road or other Council land for the purpose of storing a vehicle for more than 14 consecutive days.

Penalty: 10 Penalty Units

3. Street Naming and Numbering 

3.1 Purpose

The purpose of this Part is to provide for roads to be named and signed and properties to be numbered accurately to assist emergency services and for the proper administration of Council’s functions.

3.2 Council to approve Road Names

A person must not, without the prior written consent of Council apply a name to a road.

Penalty: 5 Penalty Units

Clause 3.2(a) does not apply to any freeway or to any supplementary name applied to the entire length of a road for which Council is not the responsible road authority .

3.3 Property numbers

An owner of a property must display the property number allocated to the property by Council.

Penalty: 5 Penalty Units

3.4 Council may number properties

Where the owner does not display the number allocated to the property, Council or an authorised officer may cause the property to be numbered and recover the cost of doing so from the owner .

4. Trading and Advertising

4.1 Purpose

The purpose of this Part is to regulate the:

• use of roads and other places by persons dealing in goods and services; and
• exhibition of advertising signs (including on vehicles left standing on roads).

4.2 Roadside Trading

A person must not, without a permit , sell, or offer for sale any goods or services to any person who is on a road or in a public place .

Penalty: 10 Penalty Units

4.3 Regulation of Trading

A permit issued to a person does not authorise that person to sell goods or services at a place if the place is within 1km of any fixed business selling goods or services of the same type or nature as that being sold by the permit holder.

Penalty: 10 Penalty Units

Clause 4.3(a) does not apply to a person who has been granted a permit to trade from a prescribed site

4.4 Trading Conduct

A person must not, conduct or cause to be conducted any roadside trading, busk , sell or offer for sale goods or services on any road or in any public place in such a manner that:

• the safety of any person or passage of vehicles is likely to be affected;
• the activity will disturb, annoy or disrupt adjacent owners or occupiers of any property or any other person;
• the activity will unfairly impact on fixed businesses selling, offering or displaying for sale goods that are similar to those offered by the person; or
• the activity will be detrimental to the amenity of the area in which the road or public place is located.

Penalty: 10 Penalty Units

4.5 Footpath Trading

A person must not, without a permit , exhibit, place out for exhibition, allow to be exhibited, or placed out for exhibition:

• an A-Frame sign;
• merchandise; or
• furniture on any road or in any public place.

Penalty: 10 Penalty Units  

4.6 Real Estate Boards & Community Advertising Signs

A person must not, without a permit, exhibit, place out for exhibition, allow to be exhibited, or placed out for exhibition, a real estate board or community advertising sign on any road or in any public place.

Penalty: 10 Penalty Units

A person must not exhibit, place out for exhibition, allow to be exhibited, or placed out for exhibition, an open for inspection sign on any road or in any public place unless the sign is:

• exhibited on the day the property which is the subject of the sign is open for inspection or auctioned;
• exhibited either on the nature strip in front of the property for sale or a sign on the nature strip at either end of the street the property is for sale; 
• removed within one hour of completion of the open for inspection or auction; and
• placed 750mm from the kerb and allows at least 1.2m space between the placement of the sign and the property boundary for pedestrian access.

Penalty: 10 Penalty Units

4.7 Vehicle Advertising

A person must not leave a vehicle standing on any road or in any public place if the vehicle is left there for the sole purpose of advertising goods or services.

Penalty: 10 Penalty Units

4.8 Advertising signs

Unless in accordance with a permit, or specifically authorised under the Planning Scheme , a person must not:

• exhibit, place out for exhibition, allow to be exhibited, or placed out for exhibition, any advertising sign on any road or in any public place ; or
• hang, place or affix any advertising sign on or between any part of a building, plant, pole, post or any other structure or allow that to occur.

Penalty: 10 Penalty Units

Clause 4.8(a) does not apply to signs used to advertise ‘garage sales’, provided that the sign:

• does not impact on safe pedestrian and vehicle movements and methods of protecting pedestrians and vehicles;
• is not affixed to a tree;
• is removed within one hour of the completion of the garage sale; and
• is no larger than 1.2 metres high by 0.75 metres wide.

4.9 Electoral signage

A person must not, without a permit, in or on any road or public place, place out electoral signage .

Penalty: 10 Penalty Units

Clause 4.9(a) does not apply to any authorised sign which is placed out on the day of the election for the sole purpose of advertising the location of a voting centre.

4.10 Planning Scheme

To the extent necessary, this part gives effect to the exemption set out in clause 62 of the Planning Scheme .

5. Activities in Public Places

5.1 Purpose

The purpose of this Part is to:

• manage and facilitate the responsible use of roads , Council land and public places for public use and entertainment;
• increase the attractiveness and comfort of these places by controlling the soliciting of gifts and money and other behaviour in public places; and
• protect the safety and amenity of public places for the proper enjoyment of residents .

5.2 Street Collections

A person must not on any road , Council land or in any public place :

• solicit or collect a gift of money or subscription; or
• cause or authorise another person to do so;

in such a manner that:

• the safety of any person or the passage of vehicles will be affected;
• the activity will disturb, annoy or disrupt adjacent owners or occupiers of any property or any person;
• the activity will unfairly impact a fixed business selling, offering or displaying goods for sale that are similar to those offered by the person; or
• the activity will be detrimental to the amenity of the area in which the road, Council land or public place is located.

Penalty: 5 Penalty Units

5.3 Processions, Street Festivals and Street Parties

A person must not, without a permit, on any road, Council land or in any public place hold or allow to be held or participate in a:

• street party ;
• street festival;
• street market;
• event; or
• procession .

Penalty: 5 Penalty Units

5.4 Filming

A person must not, without a film permit , on any road or Council land or in any public place conduct or cause to be conducted any filming for a commercial purpose.

Penalty: 5 Penalty Units

5.5 Camping in Public Places

A person must not camp in any public place in a vehicle, tent or caravan or in any temporary or provisional form of accommodation unless in an area prescribed .

Penalty: 5 Penalty Units

Clause 5.5(a) does not apply to a person who camps in an area due to an elevated risk, threat of bushfire or severe weather event.

6. Obstructions on Roads, Council Land and Public Places

6.1 Purpose

The purpose of this Part is to enhance the appearance and ensure the accessibility of streets, pavements and public places and to regulate and control:

• the protrusion of verandas and awnings into the airspace above pavements; and
• the deposit of specified containers and bins on roads, Council land and in public places.

6.2 Protruding Materials

An owner or occupier of premises must not attach, or allow to be attached, to any veranda or awning which forms part of the premises , a banner, flag, bunting or like decoration in a manner that:

• impacts adversely on safe pedestrian and/or vehicle movements and methods of protecting pedestrians and vehicles; or
• impacts adversely on the amenity of the area in which the premises are located.

Penalty: 10 Penalty Units

6.3 Bulk Rubbish Containers and Storage Containers

A person must not, without a permit, place, or authorise to be placed, a bulk rubbish container or storage container on any road, Council land or in any public place.

Penalty: 10 Penalty Units

6.4 Clothing Bins

A person must not, without a permit , place a charity clothing bin on any road or Council land .

Penalty: 10 Penalty Units 

6.5 Closed Roads

A person must not, without a permit , drive or cause to be driven a vehicle on or onto any road , bridge, or culvert or part of a road, bridge or culvert which has been closed to vehicles in accordance with the Act .

Penalty: 10 Penalty Units

7. Consumption of Alcohol

7.1 Purpose

The purpose of this Part is to control the consumption of alcohol on Council land and in public places in the municipal district .

7.2 Consumption and possession of Alcohol

A person must not in or on a road or Council land or in a public place, or within a motor vehicle which is in a public place :

• consume any alcohol ; or
• possess or control any alcohol other than alcohol in a sealed container;

in any part of the municipal district .

Penalty: 20 Penalty Units

Clause 7.2(a) does not apply to:

• a person who is part of a gathering with family or friends within a reserve, providing their presence is not detrimental to the area in which the person is located.
• a person taking part in a festival or event:
  • being conducted by Council;
  • in respect of which a relevant statutory authority , Council or an authorised officer has previously issued the relevant permit to the festival or event organiser; or

Where an authorised officer believes on reasonable grounds that a person is contravening or has contravened clause 7.2(a), the authorised officer may direct the person to seal any container or dispose of the contents of any unsealed container.

A person who fails to obey a direction of an authorised officer under clause 7.2(c) is guilty of an offence .

Penalty: 10 Penalty Units

8. Noise Control

8.1 Purpose

The purpose of this Part is to enable an authorised officer to control noise which constitutes a nuisance to any other person .

8.2 Objectionable Noise

A person must not make, cause or allow to be made any sound or noise which constitutes a nuisance .

Penalty: 10 Penalty Units

8.3 Burglar Alarms

An authorised officer may direct an owner or occupier of premises on which a faulty burglar alarm exists to disconnect the burglar alarm until the fault has been rectified.

An owner or occupier of premises to whom a direction is given under clause 8.3(a) must comply with that direction.

Penalty: 10 Penalty Units

A person must not allow an audible burglar alarm to be located on any residential premises or any industrial, commercial or trade premises or fitted to any vehicle unless the alarm, once activated, is automatically switched off within ten (10) minutes of being activated and cannot reactivate until it has been reset.

Penalty: 10 Penalty Units

8.4 Amplified Sound Equipment

A person must not use or allow or suffer to be used any sound amplifying equipment or the like from a vehicle on a road or Council land or in a public place to a level that the noise is, objectionable, constitutes a nuisance to any other person or interferes with the reasonable enjoyment of the nearby area by others.

Penalty: 10 Penalty Units

An owner or occupier of industrial, commercial or trade premises must ensure that any external amplified telephone, door type bells or public address system from such industrial, commercial or trade premises is or are not audible within a habitable room of residential premises between 6:00pm and 9:00am.

Penalty: 10 Penalty Units

8.5 Recreational vehicles

A person must not use or allow to be used a recreational vehicle on any private land in a manner that constitutes a nuisance or a risk to the safety of any other person.

Penalty: 10 Penalty Units

8.6 Deliveries to shops, supermarkets and service stations

An owner or occupier of a shop, supermarket or service station must ensure that deliveries from such commercial or trade premises are not audible within a habitable room of residential premises outside the following hours:

• 7:00am – 10:00pm Monday to Saturday; and
• 9:00am – 10:00pm Sundays and public holidays.

Penalty: 10 Penalty Units

9. Scareguns  

9.1 Purpose

The purpose of this Part is to regulate and control the use of scareguns within the municipal district in a manner that prevents their use being detrimental to the environment or to the quality of life of the community.

9.2 Use of Scareguns

A person must not use or allow or authorise another person to use a scaregun unless all of the following are satisfied:

• the scaregun is only used for the bona fide purpose of scaring birds from crops during a recognised crop growing period;
• the scaregun is positioned on farm land;
• the distance in a straight line between the scaregun and residential premises on another property is 300 metres or greater;
• the distance in a straight line between the scaregun and another scaregun in use (whether located on the same property or on another property) is 150 metres or greater;
• the scaregun is only used between 7:00am and sunset on any day but for not more than 12 hours in total on any day;
• the maximum noise level of the scaregun when measured immediately in front of a residential premises on another property is 100dB LIN peak or lees;
• the scaregun does not emit more than the number or exceed the regularity of blasts in any one day period than the number set out in clause 9.3(a); and
• the number of scareguns in use at any one time on the property does not exceed the number set out in clause 9.4.

Penalty: 5 Penalty Units

9.3 Frequency of Blasts

For the purposes of clause 9.2(g):

• the number and regularity of blasts in any one day period is as follows:
• in the case of a single blast scaregun, 70 blasts, with the time between blasts to be no less than six minutes;
• in the case of a multiple blast scaregun, 70 blasts, with:
• the time between blast sequences being no less than 6 six minutes; and
• the time between the first blast of a sequence and the last blast of a sequence being no more than one minute.
• each blast in a sequence from a multiple blast scaregun must be counted as one blast.

9.4 Number of Scareguns

For the purposes of clause 9.2(h) the number of scareguns in use at any one time on the property is as follows:

• where the area under crop is four hectares or less – one scaregun;
• where the area under crop is more than four hectares and less than ten hectares – two scareguns; and
• where the area under crop in ten hectares or more – three scareguns.

10. Asset Protection

10.1 Purpose

The purpose of this Part is to:

• protect public assets from damage during building work ;
• protect the amenity of the surrounding area; and
• prevent damage or detriment to properties and residents .

10.2 Notice of intention to undertake building work

• An owner or appointed agent must not commence or allow or authorise another person to commence building work on the land of the owner unless notice is given to Council in accordance with this clause.

Penalty: 20 Penalty Units

• Notice of the proposed building work must be given to Council no less than 21 days before the building work commences.
• The notice must be in writing and may, if Council so requires, take the form of an asset protection application form.
• The notice must include:

• the owner's name or, if more than one owner, the names of an owner nominated for the purposes of this clause;
• the owner's residential address or, if more than one owner, the nominated owner's residential address;
• an address for the service or posting of notices;
• if the owner wishes to appoint an agent for the service or posting of notices, the name and postal address of the agent;
• a description of the proposed building work, including the estimated costs of the building work; and
• the address where the building work is being conducted.

Where an authorised officer is satisfied that damage to a public asset was caused by building work carried out on the owner's land or is deemed by this clause to have been caused by such building work, the authorised officer may give the owner a Notice to Comply directing the owner to repair the damage to the satisfaction of Council and within the time specified in the notice, which time must be reasonable having regard to: 

• the degree of risk or potential risk;
• the amount of work involved;
• the degree of difficulty;
• the availability of necessary materials or other necessary items;
• climatic conditions; and
• any other relevant matter.

An owner to whom a direction is given under clause 10.2(a) must comply with that direction .

Penalty: 20 Penalty Units

10.3 Asset Protection Permit

Where a permit is required and gives notice of the determination to the owner, the owner must not commence or allow building work on the land until the owner obtains a permit.

Penalty: 20 Penalty Units

11. Works within Road Reserves and Easements

11.1 Purpose

The purpose of this Part is to minimise the impact of works on the amenity of the municipal district and its residents .

11.2 Permits

A person must not, without a permit:

• erect a hoarding or overhead protective awning on a road ;
• construct, remove or alter a temporary or permanent vehicle crossing ;
• occupy or fence off part of a road;
• use a mobile crane, travel tower, lift or tackle on or above a road; or
• make a hole in, excavate, damage or remove part of any road.

Penalty: 20 Penalty Units

11.3 Vehicle Crossings

An owner must not allow any vehicle to enter or leave any land except by an approved vehicle crossing .

Penalty: 20 Penalty Units

12. Private Premises

12.1 Purpose

The purpose of this Part is to provide for:

• protection of the amenity of the municipal district;
• regulation and control of activities on, and uses of, premises;
• maintenance of the safety and condition of premises; and
• regulation of the use of vehicles on, or in the vicinity of, premises.

12.2 Camping

An occupier of land must not camp , or allow or suffer any other person to camp, on the land in a manner that causes a nuisance .

Penalty: 10 Penalty Units

12.3 Caravans

An occupier of land must not live in a caravan , or allow or suffer any other person to live in a caravan, on the land in a manner that causes a nuisance .

Penalty: 10 Penalty Units

12.4 Overhanging or encroaching vegetation

An owner or occupier of land must not allow any tree or part of a tree to remain in such manner as to:

• be less than three metres above any pavement abutting the land;
• encroach over any road designed for the traffic of vehicles to a height less than five metres;
• obstruct or impair the vision of the driver of any vehicle travelling along any road abutting the land;
• create a hazard on any road; or
• otherwise prejudice the safe and convenient use of any road abutting the land.

Penalty: 10 Penalty Units

12.5 Environmental Weeds

A person must not sell or possess for sale any environmental weed .

Penalty: 10 Penalty Units

An owner or occupier of land which is 20,000 square metres or less in area must not allow the land to support the growth of any environmental weed .

Penalty: 10 Penalty Units

12.6 Unsightly land

An owner or occupier of land must not cause, allow or suffer the land to be unsightly and detrimental to the amenity of the neighbourhood in which the land is located.

Penalty: 10 Penalty Units

For the purposes of clause 12.6(a), circumstances in which land is unsightly or detrimental to the amenity of the neighbourhood in which it is located include circumstances in which there is:

• unconstrained rubbish on the land;
• disused excavations on the land;
• excessive waste on the land;
• excessive vegetation, including undergrowth and grass exceeding 300 mm in height, on the land;
• disused machinery or excessive vehicles on the land;
• excessive noxious weeds on the land;
• a building on the land that remains partially completed or partially demolished for a period of two hundred and forty (240) days or more; or
• graffiti that remains on a building or other structure on the land for more than seven (7) days.

12.7 Dilapidated buildings

An owner or occupier of land must not cause, allow or suffer a building on the land to become dilapidated or further dilapidated.

Penalty: 20 Penalty Units

For the purposes of clause 12.7(a), the circumstances in which a building becomes dilapidated or further dilapidated include any of the following circumstances:

• the exterior of any building is in a state of disrepair and has been damaged or defaced so as to:
  • affect the visual amenity of the land; or
  • cause the building to be out of conformity with the general standard of appearance of other buildings in the vicinity of the land; and
• architectural features of the building are not properly maintained.

12.8 Dangerous land

An owner or occupier of land must not cause, allow or suffer the land to be dangerous or likely to cause danger to life or property .

Penalty: 20 Penalty Units

For the purposes of clause 12.8(a), circumstances in which land is dangerous, or likely to cause danger to life or property, include, but are not limited to, circumstances in which:

• except where allowed under the Planning Scheme , there exists on the land any substance, materials, tree or equipment that is dangerous, or is likely to cause danger to life or property ; or
• an unsecured hole or excavation exists on the land.

12.9 Fireworks

A person must not, without a permit, light or cause to be lit any fireworks on any land.

Penalty:  10 Penalty Units

13. Animals

13.1 Purpose

The purpose of this Part is to provide for the:

• protection of the amenity of the municipal district ;
• control of the number, type and behaviour of animals kept on land ;
• protection, as far as possible, of the health and welfare of animals;
• prevention against animals causing:

• a nuisance ; or
• any adverse environmental impact; or
• a danger to the safety of people or to the condition of land.

13.2 Number of animals

Except as otherwise provided in this Local Law, a person must not, without a permit , keep on land any more in number of each type of animal or groups of animals than is set out in Table 1.

Penalty: 10 Penalty Units

Table 1.

Clause 13.2 does not apply where the land is allowed to be used for the purposes of domestic animal boarding, domestic animal husbandry, animal breeding or a pet shop under the Planning Scheme and the land is being used for that purpose.

13.3 Litters of animals

For the purpose of calculating the maximum number of animals specified in Table 1, the progeny of any animal kept on the land will not be counted for a period of 12 weeks after birth.

13.4 Animal enclosures

An owner or occupier of land must keep any animal on the land which is ordinarily housed in a kennel, house, aviary, shelter or in an enclosure which:

• is constructed to the satisfaction of an authorised officer ; prevents, as far as practicable, the wandering or escape of such animal
• beyond the boundaries of the land; meets the welfare needs of the animal;
• is capable of being readily cleaned;
• is maintained in good repair at all times; and
• is located at a distance from dwellings on other properties to the satisfaction of the authorised officer.

Penalty: 10 Penalty Units

13.5 General provisions

An occupier of any land who keeps any animal on the land must:

• keep the ground surrounding any kennel, house, aviary, shelter or other enclosure where the animal is kept well drained;
• keep the land within three (3) metres of any kennel, house, aviary, shelter or other enclosure in which the animal is kept free of dry grass, weeds, refuse, waste or other material capable of harbouring rats or other vermin;
• keep all food for consumption by the animal in a vermin proof receptacle;
• ensure that all manure, excrement, refuse or rubbish produced or accumulated by the animal is:
  • removed at least weekly or as soon as is reasonably practicable after it is produced;
  • disposed of in a responsible manner that will not cause a nuisance to occupiers of neighbouring properties;
• maintain any kennel, house, aviary, shelter or other enclosure where the animal is kept in a clean and sanitary condition;
• keep the animal in a manner that does not cause an offensive odour;
• prevent wastewater from entering the stormwater system, or discharging onto adjoining properties; and
• destroy any animal or bird suffering from any infectious disease communicable to human beings and immediately notify Council’s Environmental Health Officer of the infectious disease.

Penalty: 10 Penalty Units

An owner or occupier of land must not construct or allow to be constructed on the land any enclosure in which poultry or pigeons are kept, or intended to be kept, within six (6) metres of a dwelling on other land.

Penalty:  10 Penalty Units

An occupier of land on which any animal is kept must not cause, allow or suffer excrement or manure to escape from the land.

Penalty:  10 Penalty Units

A person who keeps any animal must keep the animal in a manner that does not cause a nuisance to any person.

Penalty: 10 Penalty Units

For the purposes of clause 13.5(d), circumstances in which the keeping of an animal constitutes a nuisance may include circumstances in which: 

• the animal makes noises or produces odours that unreasonably adversely affect the peace, comfort or convenience of any person on any other land; and
• the animal produces an unreasonable accumulation of excrement, whether on the land on which it is kept or on any other land.

Whenever an animal is in or on a road or in a public place , the owner or person in control of the animal must possess the means for the effective collection and removal of any excrement that may be deposited by the animal.

Penalty: 5 Penalty Units

The owner or person in control of an animal must immediately collect and remove all excrement deposited by the animal in or on a road or in a public place.

Penalty: 5 Penalty Units

13.6 Pest and Stray Animals

A person must not feed or encourage the presence of pest animals , stray animals, wild birds, foxes or allow any such animals access to food.

Penalty: 5 Penalty Units

13.7 Bees and wasps

An owner or occupier of land who keeps or allows bees to be kept on that land must do so in accordance with the Apiary Code of Practice.

Penalty: 10 Penalty Units

Clause 13.7(a) does not apply to a person who keeps or allows bees to be kept on the land where a planning permit has been issued for such use.

An owner or occupier of any land must, upon becoming aware of the existence of an unmanaged honeybee swarm on that land, take reasonable steps to cause the removal of that unmanaged honeybee swarm.

Penalty: 10 Penalty Units

An owner or occupier of land must not allow or suffer any bees on the land to cause a nuisance to any person.

Penalty: 10 Penalty Units

An owner or occupier of land must not allow or suffer English wasps or European wasps to nest on the land, and, upon becoming aware of the existence of a wasp nest on the land, must take reasonable steps to cause the nest to be destroyed.

Penalty: 10 Penalty Units

An owner or occupier of any land must not allow or suffer any feral European honey bees on the land to cause, or be likely to cause, a nuisance to any person.

Penalty: 10 Penalty Units

13.8 Effective Confinement of Livestock

An owner of a farm animal , or an owner or occupier of land on which a farm animal is kept, must securely fence the land, or tether the farm animal, in such a manner as to prevent its wandering or escape beyond the boundaries of the land.

Penalty: 10 Penalty Units

Where land is fenced, the owner or occupier of the land on which a farm animal is kept must ensure that fences on the land, including gates, are maintained in good repair.

Penalty: 10 Penalty Units

A person must not allow any horse, cattle or other livestock animal to be at large in any public place .

Penalty: 10 Penalty Units

13.9 Training of Animals

A person must not conduct or carry out, or allow or authorise another person to conduct or carry out, any training of an animal on Council land or in a public place in such a manner as to be a danger to the safety of any person or to adversely impact on the condition of any property , or to interfere with the reasonable use and enjoyment of the Council land or public place or any part of it.

Penalty: 5 Penalty Units

A person must not, without a permit, conduct or carry out or allow or authorise another person to conduct or carry out, for profit or commercial gain any training of an animal on Council land or in a public place.

Penalty: 5 Penalty Units

14. Control of Building Sites

14.1 Purpose

The purpose of this Part is to:

• ensure that building work does not damage or encroach onto a road,
• Council land or other asset or make it unsafe; and
• protect drains and watercourses from the entry of building materials, dirt, mud, rubbish or litter.

14.2 Building Sites

Where any building work is undertaken the owner of the land on which the building work is undertaken and the person responsible for the building work must ensure that:

• adequate provision is made for the protection of any proximate road and vehicle crossing from damage caused as a result of the building work and from deliveries and movement of materials to or from the land;
• provision is made within the land on which the building work is undertaken to contain all mud, dust, rubbish and litter that may result from the building work;
• no building materials, rubbish or litter leaving the land is deposited on or finishes up on a road or in Council’s stormwater or other drainage system; and
• no building or other materials are left or stored on a road, except as provided for in this Local Law.

Penalty: 20 Penalty Units

14.3 Access to a Building Site

Where any building work is undertaken the owner of the land on which the building work is undertaken and the person responsible for the building work must ensure that:

• the driver of any vehicle involved in delivering or receiving goods or equipment to or from the land where the building work is being undertaken or is to be carried out; and
• any demolition contractor engaged to carry out the demolition of a structure on the land, in the case of building work involving demolition

can access the building site in accordance with the conditions of a permit or across a temporary vehicle crossing where the permit fails to specify how access to the building site is to occur.

Penalty: 20 Penalty Units

14.4 Damage to or deposit of material on a Road

A person must not allow soil, gravel, sediment, concrete, debris or other material to be washed onto or otherwise deposited or placed on a road from any building site or other land.

Penalty: 20 Penalty Units

Where building work or related activities result in:

• damage to a road ; or
• building residue, concrete, dirt or mud being left on or finishing up on a road or entering Council’s stormwater or other drainage system or any watercourse

the owner of the land on which the building work is undertaken, and the person responsible for the building work must carry out reinstatement works or clean up the road or drainage system to the satisfaction of an authorised officer.

Penalty: 20 Penalty Units

14.5 Building Work limited to certain times

Except in a case of emergency, an owner or occupier of any land must not cause or allow any building work to be carried out except between:

• 7.00am and 8.00pm Monday to Friday; or
• 9.00am and 7.00pm on any Saturday, Sunday or public holiday.

Penalty:  20 Penalty Units

14.6 Building Work on Dwellings

Notwithstanding clause 14.5, a person may carry out or cause to be carried out building work on a dwelling or land associated with a dwelling if the building work is carried out between:

• 7.00am and 8.00pm Monday to Friday; or
• 9.00am and 8.00pm on any Saturday, Sunday or public holiday

and the person:

• is the owner or occupier carrying out the building work for themselves and no other person is engaged or employed for fee or reward; and
• is complying with, or observing any direction , notice or order of Council, an authorised officer or a statutory authority .

14.7 Minor Building Work

A person may carry out minor building work on a dwelling or land associated with a dwelling at times other than those specified in clause 14.6 provided that any nuisance caused by the building work does not affect any person on or within any other land or dwelling.

14.8 Building Work creating a nuisance

A person must not carry out any building work or cause or allow to be carried out any building work so as to create a nuisance to another person.

Penalty: 20 Penalty Units

14.9 Building Work affecting Roads

Where any building work affects or is likely to affect the passage of vehicles or pedestrians along a road , the owner or occupier of the land on which the building work is or is to be undertaken must obtain a permit for the erection of a hoarding, or other barrier approved by an authorised officer, to protect persons using the road before such building work commences.

The owner or occupier of the land described in this clause must not, without permit, commence such building work or cause such building work to be commenced.

Penalty: 20 Penalty Units

14.10 Direction to cease Building Work

An authorised officer may orally or in writing, direct any person:

• found carrying out building work in contravention of this Local Law or a permi t; or
• in charge of land where building work is being or suspected of being undertaken in contravention of this Local Law or a permit

to cease carrying out building work immediately or within any period the authorised officer deems reasonable.

Any person who fails to comply with a direction given under clause 14.10(a) is guilty of an offence.

Penalty: 20 Penalty Units

15. Parking Permit Schemes

15.1 Purpose

The purpose of this Part is to:

• provide for the fair and equitable use of available parking space on a road or Council land;
• provide parking schemes to encourage a turnover of vehicle parking in business areas for the benefit of customers and businesses; and
• protect the safety of persons.

15.2 Parking Schemes

Council may, from time to time by resolution, introduce a permit parking scheme which:

• exempts any vehicle of a resident or specified person or specified class of person from the restrictions of time limited parking; or
• prohibits parking in prescribed areas by persons other than a permit holder .

16. Waste Disposal

16.1 Purpose

The purpose of this Part is to:

• ensure the safe and efficient collection of rubbish, waste and recyclables placed on a road for collection; and
• prevent and regulate the deposit of refuse and rubbish upon streets and other land and places under the control of Council.

This Part does not apply to litter within the meaning of section 4(1) of the Environment Protection Act 1970.

16.2 Regulation of Deposit of Waste

A person must not deposit or leave any waste:

• on any road, Council land or in any public place unless it is deposited in a trade waste bin or receptacle designed or adapted to receive such waste; or
• on someone else’s hard waste pile, unless the person’s property is required to utilise a Council approved collection point.

Penalty: 10 Penalty Units

16.3 Placement of rubbish for collection

An occupier of land must ensure that all rubbish, hard, waste, recyclable and other waste materials which the occupier places out on a road for collection is placed out in accordance with the Council’s Waste Services requirements as advertised on Council’s website.

Penalty: 5 Penalty Units

An occupier of land to which Council has supplied a waste, recyclable or organic receptacle must not leave the receptacle outside the land before or after a collection day so as to create a nuisance.

Penalty: 5 Penalty Units

Clause 16.3(b) does not apply to:

• receptacles left for collection at common collection points where properties are not accessible by a waste collection vehicle;
• properties where the driveway is steep;
• where, due to age, infirmity or a disability, the owner or occupier is unable to move the receptacle without ease or assistance; or
• commercial premises where there is inadequate space to store receptacles.

16.4 Interference with collection

A person must not remove or interfere with any rubbish or recyclables placed out for collection in accordance with this Local Law except that an occupier of land may recover before collection any material the person has placed out or caused to be placed out for collection.

Penalty: 10 Penalty Units

16.5 Prohibited use of Waste Receptacles

A person must not:

• place, or allow to be placed, any prescribed items in any approved receptacle; or
• place household rubbish or recyclable waste into an approved receptacle that exceeds a total weight which cannot be mechanically emptied by Council’s collection vehicles.

Penalty: 5 penalty units

16.6 Council supplied Waste Receptacles

All approved receptacles are the property of Council and must, subject to this Local Law, remain within the land to which it was provided at all times.

It is an offence for any person to remove any approved receptacle that is the property of Council from the land to which it was supplied unless allowed to do so by this Local Law.

Penalty: 3 Penalty Units

An occupier of land to which Council has supplied an approved receptacle must use the approved receptacle only for the purpose for which it has been provided and must keep such waste receptacle in a clean, sanitary and inoffensive condition.

Penalty: 3 Penalty Units 

Penalty: 3 Penalty Units

16.7 Infectious Waste

A person must ensure that infectious waste is placed in a container specifically designed to receive such waste.

Penalty: 5 Penalty Units

16.8 Interference with Hard Garbage

A person must not, for commercial purposes, remove or interfere with any hard garbage left out on a road or in any other public place for collection by or on behalf of Council.

Penalty: 5 Penalty Units

17. 17.1 Trade Wastes

17.1 Purpose

The purpose of this Part is to ensure that occupiers of commercial and industrial premises store, manage and dispose of waste (including liquid and food waste) in an appropriate manner.

17.2 Occupiers must provide suitable waste storage containers

An occupier of commercial or industrial premises must provide a container for the storage of trade wastes which is:

• constructed of impervious materials, water-tight and pest proof;
• emptied before it overflows; and
• maintained and kept in a clean condition.

Penalty: 20 Penalty Units

17.3 Storage of Liquid Trade Waste

The occupier of every commercial and industrial premises that stores liquid trade waste must ensure that storage containers are:

• constructed of impervious materials;
• maintained in a clean condition;
• in sufficient numbers to contain all the waste produced;
• fitted with a suitably sized funnel when manual filling of the container takes place;
• stored under cover when directed by an authorised officer ;
• secured within an enclosure constructed and maintained to the satisfaction of an authorised officer;
• stored within an area designed and constructed to prevent the escape of waste;
• stored in such a manner that it cannot contaminate or enter the stormwater system;
• located so as to enable the recovery of spilt material; and
• supplied with such equipment as will enable the clean-up of spilt material.

Penalty: 20 Penalty Units

17.4 Collection of Trade Waste

A person must not collect, cause or allow to be collected any industrial or commercial trade waste or recyclable materials if that collection creates unreasonable noise or affects the amenity of the area except between:

• 6:00am and 8:00pm Monday to Saturday; or
• 9:00am and 8:00pm on any Sunday or public holiday.

Penalty: 20 Penalty Units

18. Use of Council Land and Municipal Buildings

18.1 Purpose

The purpose of this Part is to:

• enable persons to enjoy the use of Council land and municipal buildings without nuisance or disturbance;
• protect the safety of Council land users and the amenity of the municipal district; and
• regulate the use of Council land.

18.2 Other activities that require a permit

While on Council land, a person must not, without a permit :

• hold any circus, carnival fair or event or erect any temporary shelter; or
• operate or cause to be operated any amusement or form of gambling for which a charge or fee is made or implied.

Penalty: 10 Penalty Units

18.3 Prohibited activities on Council Land

While on Council land , a person must not:

• act contrary to a sign displayed by or on behalf of Council ;
• endanger any other person or persons using the Council land;
• ride or otherwise use any animal so as to cause a nuisance ;
• drive or otherwise use any motor vehicle or recreational vehicle ;
• light any fire or allow any fire to remain alight, except in a barbeque or for the purpose of conducting an indigenous smoking ceremony or a recognised religious ceremony or rite.

Penalty: 10 Penalty Units

19. Prohibition on Smoking

19.1 Purpose

The purpose of this Part is to promote health and wellbeing by prohibiting smoking:

at certain events, including events organised or sponsored by Council ; and in or around buildings on Council land .

19.2 Interpretation

In this Part:

“Smoke” has the same meaning as in the Tobacco Act 1987.

Smoking on Council Land

A person must not smoke:

• inside a building on Council land ;
• within 12 metres of the entrance to a building on Council land; or
• within 12 metres of a building on a reserve located on Council land.

Penalty: 5 Penalty Units

20. Open Air Burning

20.1 Purpose

The purpose of this Part is to

• control open air burning , incinerators and other devices in different areas and on particular days for fuel reduction and fire prevention purposes;
• control certain fire-related activities and unwanted consequences; and
• protect, as far as possible, the air quality and visual amenity of the municipal district .

20.2 Open Air Burning Categories

This Local Law divides the municipal district into three (3) open air burning categories entitled:

• Open Air Burning – Urban Category;
• Open Air Burning – Bushland Category; and
• Open Air Burning – Rural Category.

Each property within the municipal district is within a category and the onus is on each owner or occupier to know to which category their property belongs and to comply with the relevant open air burning restrictions set out in this Local Law.

The three open air burning categories’ prohibitions, controls and other conditions are shown in Schedule 2 , and Open Air Burning Category Maps are attached (which are current at the date on which this Local Law is made).

The Open Air Burning Category Maps must be available on Council’s website for inspection at Council’s principal office.

Council may from time to time alter the category applicable to any property.

If the category applicable to a property alters Council must ensure there is a corresponding alteration to the Open Air Burning Category Maps.

Explanatory note - The three open air burning categories are separate to and should not be confused with the zones and overlays of the Planning Scheme.

20.3 Open Air Burning Offences

A person must not, without a permit , engage in open air burning or use an incinerator other than in accordance with this Local Law.

Penalty: 10 Penalty Units

A person must not burn offensive material.

Penalty: 5 Penalty Units

A person must not have on a property , a fire or windrow that:

• is a danger to any person or neighbouring property before, during or after burning;
• is burnt without adequate attendees, tools and an adequate water supply available to control the fire or windrow and prevent it spreading or escaping at all times; or
• is burnt without prior notification to the ESTA and reasonable attempts have been made to notify neighbouring landowners or occupiers.

Penalty: 10 Penalty Units

A person must not engage in open air burning or use an incinerator so as to cause a smoke hazard or offensive smoke .

Penalty: 5 Penalty Units

A person must:

• except on land in the Open Air Burning – Rural Category, extinguish an open air fire or incinerator before leaving it unattended; and
• immediately extinguish any fire or burning substance when instructed to do so by an authorised officer , or by a member of the CFA , MFB or Victoria Police.

Penalty: 10 Penalty Units

A person must not light a fire, allow the lighting of a fire, or allow a fire to continue to burn, on Council land unless the person has been issued with a permit to burn by Council, an authorised officer , the CFA , MFB or another emergency service or relevant statutory authority .

Penalty: 10 Penalty Units

20.4 Exemptions

The following exemptions apply:

in relation to clause 20.3(a):

• a barbeque or a manufactured fireplace designed and used for the purpose of outdoor cooking, heating or comfort, except where a total fire ban or other restrictions apply. This exemption for a barbeque or manufactured fireplace ceases immediately if offensive material is burnt or if offensive smoke or a smoke hazard is caused;

in relation to clause 20.3(f):

• a barbeque or a manufactured fireplace constructed, provided or otherwise approved by Council for the purpose of outdoor cooking heating or comfort, except where a total fire ban or other restrictions apply. This exemption for a barbeque or manufactured fireplace ceases immediately if offensive material is burnt or if offensive smoke or a smoke hazard is caused; and

in relation to all of clause 20.3:

• a fire lit by a member of Council staff, a CFA officer or member, or an employee of the MFB , the DELWP , Parks Victoria or other relevant statutory authority in the course of their functions and duties.

20.5 Changing categories

An owner or occupier of a property may apply to Council for a change to the open air burning category that applies to their property or for an exemption from any clause of this Local Law.

Where an application is made under clause 20.5(a), Council may require the applicant to provide such information as it considers necessary for determining the application.

An owner or occupier of a property who is aggrieved by a decision not to change the open air burning category applicable to the property may apply to appeal the decision made for consideration by Council.

A person who deliberately makes any false representation or declaration (whether oral or in writing) in an application made under clause 20.5(a) is guilty of an offence .

Penalty: 5 Penalty Units

21. Short Stay Accommodation

21.1 Purpose

The purpose of this Part is to provide for:

• protection of the amenity of the municipal district ; and
• the imposition of obligations on owners of land who conduct a business of short stay accommodation .

21.2 Owner Liability

An owner of land who allows the land to be used for short stay accommodation is guilty of an offence if, during any period of 12 months, three or more complaints which are made in good faith are received by Council to the effect that:

• persons on the land have caused a nuisance ; or
• persons on the land are demonstrating anti-social behaviour that has unduly interfered with the use and enjoyment of another residential premises .

Penalty: 20 Penalty Units

22. Damage to Public Assets

22.1 Purpose

The purpose of this Part is to:

• protect Council controlled or managed public assets from unauthorised interference; and
• protect environmental assets, including trees, from damage.

22.2 Interfering with, Damaging or Destroying Public Assets

A person must not:

• interfere with any public asset , unless with the prior written authority of the Council or an authorised officer;
• damage or destroy any public asset; or
• allow trees or plants including root structure, on private land , to cause damage to, or interference with, any road , Council land or public asset.

Penalty: 20 Penalty Units

22.3 Nature Strip Landscaping

A person must not, unless in compliance with any policy, procedure or guidelines relating to the landscaping of nature strips adopted by Council

• remove any grass;
• plant noxious or environmental weeds or any shrub or plant;
• construct any hard landscaping; or
• place any structure to prevent access to another person or vehicle ;

on a nature strip.

Penalty: 10 Penalty Units

23. Permits

23.1 Purpose

The purpose of this Part is to provide for the issue of permits .

23.2 Application for a Permit

Unless determined otherwise by an authorised officer , an application for a permit must contain any information specified by Council and be accompanied by the appropriate fee .

23.3 Who may issue Permits

Permits may be issued by Council or an authorised officer .

23.4 Notice of Application may be required

Council or an authorised officer may require the applicant to give notice of the application to persons who may be affected by the grant of the permit, which will entitle those persons to make a submission which must be considered by Council or an authorised officer before a decision is made whether to grant the permit.

23.5 Power to obtain necessary information

Council or an authorised officer may require an applicant to provide additional information before further considering the application.

23.6 Permit may be conditional

A permit may be issued subject to conditions including, but not limited to:

• the payment of a fee , charge or lodgement of a bank guarantee, bond or other form of security;
• a standard to be applied;
• a time limit to be applied or specifying the duration, commencement or completion date;
• the happening of an event;
• the rectification, remedying or restoration of a situation or circumstance;
• where the applicant is not the owner of the subject property , the consent of the owner;
• the requirement to comply with any policy or guidelines that Council
• has in force from time to time; and
• the grant of some other permit or authorisation which may be required by Council or an authorised officer , whether under this Local Law or otherwise.

Council or an authorised officer may, during the currency of a permit , alter the conditions of the permit if it is considered it appropriate to do so, after providing the permit holder with an opportunity to make comment on the proposed alteration.

A permit holder must comply with the conditions of the permit.

A person who fails to comply with any condition of a permit is guilty of an offence.

Penalty: 20 Penalty Units

23.7 Duration of a permit

Except where expressly stated, a permit is in force for twelve (12) months after the date it was issued, or until the expiry date indicated on the permit, unless it is cancelled earlier.

23.8 Cancellation of a permit

Council or an authorised officer may cancel or revoke a permit if it or the authorised officer considers that:

• there has been an ongoing breach of the permit conditions;
• there was an error, concealment of fact or misrepresentation in the application for the permit; or
• in the circumstances the permit should be cancelled.

Before Council or an authorised officer cancels or revokes a permit, the permit holder must, if practicable, be provided an opportunity to make comment on the proposed cancellation.

24. Fees and Charges

24.1 Purpose

The purpose of this Part is to provide for Council to set fees and charges payable under this Local Law.

24.2 Setting Fees and Charges

Council may determine the fees, charges, bank guarantees or bonds to apply under this Local Law, which may include an administrative or processing fee or charge.

25. Enforcement & Penalties

25.1 Purpose

The purpose of this Part is to provide for enforcement of this Local Law.

25.2 Power of Authorised officers to issue a Notice to Comply

If an authorised officer reasonably suspects that a person has contravened this Local Law the authorised officer may serve a Notice to Comply on the person .

A Notice to Comply must:

• specify the act, matter or thing that must be done or cease to be done;
• specify the time within which the person on whom the Notice to Comply is served is required to do or cease to do the act, matter or thing;
• be signed by an authorised officer, and
• be served on the person named therein.

The time to comply specified in a Notice to Comply must be reasonable in the circumstances.

25.3 Failure to adhere to a Notice to Comply

Any person who fails to remedy a situation or do any act required to be done in accordance with a Notice to Comply :

• is guilty of an offence and is liable to the penalty of 20 Penalty Units; and
• is liable to pay to Council all costs incurred by Council (including administration costs) in complying with a Notice to Comply.

25.4 Offences and Penalties

Any person who, whether wilfully or not:

• fails to do anything directed or required to be done;
• does anything forbidden; or
• contravenes a condition included in a permit

is guilty of an offence against this Local Law and, if a specific penalty is not provided, is liable to a penalty of 20 Penalty Units .

The Penalty Units indicated in this Local Law are maximum penalties which may apply if the offence is found proven by a Court.

25.5 Infringement Notice

As an alternative to prosecution, an authorised officer may serve an infringement notice on a person who has contravened this Local Law.

The penalties fixed for infringement notices served under this Local Law are set out in Schedule 1.

A member of Council staff who was not involved in making the decision to serve the infringement notice may, following consideration of correspondence from any person served with an infringement notice, withdraw the infringement notice.

The power to withdraw an infringement notice is in addition to the powers given under the Infringements Act 2006.

25.6 Withdrawal of an Infringement Notice

An authorised officer may withdraw an infringement notice regardless of any payment if the authorised officer believes upon further investigation that the matter is of a more serious nature and would be better dealt with in Court.

Upon withdrawal of an infringement notice the authorised officer must, within seven (7) days, serve notice on the person issued with the infringement notice a notice advising of the reasons for the withdrawal and make a full refund of any penalty paid.

25.7 Service of Notice

Any notice or notification required to be served on or given to a person

• under this Local Law may be served on or given to the person by:
• delivering the notice or notification to the person;
• leaving the notice or notification at the person’s usual or last known place of residence or business with a person apparently over the age of sixteen (16) years and apparently residing or employed at that place; or
• sending the notice or notification by post to the person’s last known place of residence or business.

Where a notice or notification is directed to a person who is alleged to have contravened this Local Law by reason of being the owner or occupier of land or premises and that person’s name is not known, the notice may be addressed to the owner, the occupier or the person in control (as the case may be).

Any notice or notification served by post in accordance with this clause will be deemed to have been served three business days later.

25.8 Impounding

Council or an authorised officer may seize and impound any thing (including, without limitation, any animal or vehicle ) which is, has been or is being used or possessed in contravention of this Local Law.

If an authorised officer impounds any thing in accordance with this Local Law, Council or an authorised officer may refuse to release it until the appropriate fee or charge for its release has been paid.

As soon as possible after impounding, the authorised officer must, if practicable, serve a notice in writing on the owner or person responsible for the thing which has been impounded setting out the fees and charges payable and the time by which the thing must be collected.

If, after the time required in the notice, an impounded thing is not collected, an authorised officer may take action to destroy, give away or offer for sale by auction or public tender the impounded thing.

When the identity or whereabouts of the owner or person responsible for the impounded thing is unknown, an authorised officer must take reasonable steps to ascertain the identity or whereabouts of that person and to contact that person, after which the authorised officer may proceed to destroy, give away or offer for sale by auction or public tender the impounded thing in accordance with clause 25.8(d).

Any proceeds from the disposal of any impounded thing, except for all reasonable costs, charges and expenses properly incurred by Council in and incidental to the sale or any attempted sale or otherwise, may be claimed by the owner within one (1) year of sale.

25.9 Recovery of Expenses

Any expense incurred by Council in consequence of a breach of this Local Law or in the execution of work directed pursuant to this Local Law to be executed by any person and not executed by the person must be paid immediately on demand to Council by the person committing such breach or failing to execute such work.

25.10 Appeals

An applicant who is aggrieved by a decision not to grant a permit may apply to appeal the decision for consideration by Council, but this right will not in any way remove that person’s obligation to act in accordance with any decision, direction or notice given or made.

25.11 Urgent Powers

Anauthorised officer may, in urgent circumstances arising from a failure to comply with this Local Law or a permit , take action to remove, remedy or rectify a situation, without the necessity to serve a Notice to Comply provided:

• the authorised officer considers the circumstances or situation to be sufficiently urgent and that the time involved or difficulties associated with the serving of a notice, may place a person ,animal , property or thing at risk or in danger;
• details of the circumstances and remedying action are as soon as possible forwarded to the person on whose behalf the action was taken; and
• the action taken does not extend beyond what is necessary to cause the immediate abatement of or to minimise the risk or danger involved.

25.12 Official Warnings

An authorised officer may serve an official warning rather than an infringement notice on a person if the authorised officer:

• believes on reasonable grounds that a person has committed an offence ; and
• is of the opinion that, in all the circumstances, it is appropriate to serve an official warning.

 An official warning must be in writing and contain the following details:

• that it is an official warning;
• the date of the official warning;
• the name and address of the person served with the official warning;
• the identifying reference of the official warning;
• either the name of the authorised officer or the identifying reference of the authorised officer who issued it;
• the date, approximate time and place where the offence is alleged to have been committed; and
• a brief description of the alleged offence.

Nothing in this clause limits an authorised officer’s discretion as to whether to serve an infringement notice.

A member of Council staff who was not involved in making the decision to serve the official warning may, following consideration of correspondence from any person served with an official warning, withdraw the official warning.

An official warning does not affect the power of an authorised officer to:

• commence proceedings against a person to whom an official warning was given;
• issue a Notice to Comply ;
• take no further action; or
• take any other specified action permitted under this Local Law which established an offence .

25.13 Power to issue a direction

Council or an authorised officer may, by serving a direction , request any owner or occupier of property or other person to remedy any situation that constitutes a breach of this Local Law.

• A direction may be verbal or written.
• An owner or occupier of property or other person to whom a direction is issued must comply with that direction.

Penalty: 20 Penalty Units

26. Schedule 1 - Penalties

Explanatory Note:

Infringement notice penalties see (Table 2) are used to simplify the process of enforcing less serious breaches of the law. Infringement notices avoid the complex process of Court prosecution.

When infringement notices are paid on time, no conviction is recorded by a Court. The amount of an infringement penalty is normally significantly less than the potential maximum penalty a Court might impose for the same offence.

Maximum penalties see (Table 2) may be imposed by a Court when:

Council or an authorised officer chooses to prosecute an offence, rather than issue an infringement notice; or

a person receiving an infringement notice chooses to have the matter heard in Court. 

27. Schedule 2 - Open Air Burning Restrictions

URBAN CATEGORY                                                  

Residents in urban areas are encouraged to utilise recycling, mulching, and Council’s waste transfer stations.

The following restrictions apply within the Open Air Burning – Urban Category. A person must not, without a permit:

• engage in open air burning or use an incinerator at any time; or
• direct another person to use an incinerator at any time.

Exemptions

• a barbeque or a manufactured fireplace designed and used for the purpose of outdoor cooking, heating or comfort is exempt except:
• on a total fire ban day or when other CFA or MFB restrictions apply;
• a gas or electric barbeque may be used in accordance with CFA or
• MFB requirements; and
• a fire lit by a member of Council staff, a CFA member, or an employee of the MFB, the DELWP, Parks Victoria or other relevant statutory authority in the course of their functions and duties.

EASY GUIDE – URBAN CATEGORY

Open air burning allowed

• If a permit is obtained.

Open air burning prohibited

• During a fire danger period.
• On total fire ban days.

BUSHLAND CATEGORY                                                         

Residents in bushland areas are encouraged to utilise recycling, mulching, and Council’s waste transfer stations.

The following restrictions apply within the Open Air Burning – Bushland Category.

Days and Times

A person must not engage in open air burning or use an incinerator at the following times:

• during the fire danger period, on total fire ban days or at any other time the CFA declares fire restrictions;
• during the month of June and July; or
• on any Sunday, Tuesday or Wednesday.

EASY GUIDE – BUSHLAND CATEGORY

Burning allowed

• Monday, Thursday, Friday and Saturday

Burning prohibited

• During the fire danger period.
• On total fire ban days.
• Sunday, Tuesday and Wednesday.
• During the month of June and July.

Conditions Applied to Open Air Burning

A person may engage in, or authorise another person to engage in, open air burning or burning material in an incinerator provided that all of the following conditions are met:

• the person has given prior notification to the ESTA;
• it is on a permitted day;
• the burning is for the purpose of fuel reduction for fire prevention and biosecurity control;
• the fuel is not noxious or offensive;
• where the burning off is to occur on a property of less than 20,000 square metres in area, reasonable measures are taken by the person to advise neighbouring landowners and occupiers at least 24 hours beforehand;
• the distance from the outer extremity of the fire to any other fuel is at least three metres, including above the fire;
• the wind at the site of the fire does not exceed 19 kilometres per hour;
• there is an adequate number of attendees and supply of tools and adequate water supply available to hand at all times to control the fire and prevent it spreading or escaping; and
• the smoke and/or odour from the fire does not cause offensive smoke to enter another property or create a smoke hazard, especially for traffic on a road.

Exemptions

• A barbeque or a manufactured fireplace designed and used for the purpose of outdoor cooking, heating or comfort is exempt, except where:
• a total fire ban or other CFA or MFB restrictions apply;
• offensive materials are burnt or offensive smoke or a smoke hazard is caused;
• a fire is lit by a member of Council staff, a CFA member or an employee of the MFB, the DELWP, Parks Victoria or other relevant statutory authority in the course of their functions and duties;
• restrictions related to days of the week are suspended but only during the final seven (7) days leading up to the introduction of any fire danger period;
• where a property in the Open Air Burning – Bushland Category is greater than 20,000 square metres and the land is cleared for an approved building construction and a windrow of felled trees and vegetation is thereby created, this windrow will be treated for open air burning purposes as if it was a windrow on an Open Air Burning – Rural Category property of an equivalent size, provided that:
• the open air burning of such a windrow occurs only on a day and time when open air burning is allowed on a property in the Open Air Burning – Bushland Category;
• all other conditions, restrictions and offences applicable to such a windrow on a property in the Open Air Burning - Bushland Category; and
• once this windrow is burnt or otherwise removed, the exemption will cease.

RURAL CATEGORY                                                                 

Residents in rural areas are encouraged to utilise recycling, mulching and Council’s waste transfer stations.

The following restrictions apply within an Open Air Burning – Rural Category.

Days and Times

A person must not engage in open air burning or use an incinerator during the fire danger period, on total fire ban days and at any other time the CFA declares fire restrictions.

EASY GUIDE – RURAL CATEGORY

Burning allowed

• Every day

Burning prohibited

• During the fire danger period.
• On total fire ban days.

Conditions Applied to Open Air Burning

A person may engage in, or authorise another person to engage in, open air burning or burning any material in an incinerator provided that all of the following conditions are met:

• the person has given prior notification to the ESTA;
• it is on a permitted day;
• the burning is for the purpose of fuel reduction for fire prevention and biosecurity control;
• the fuel is not noxious or offensive;
• the distance from the outer extremity of the fire to any other fuel is at least three metres, including above the fire;
• the wind at the site of the fire does not exceed 19 kilometres per hour;
• adequate measures are taken to ensure the open air burning is confined to the property;
• there is an adequate number of attendees and supply of tools and an adequate water supply available to hand at all times to control the fire and prevent it spreading or escaping; and
• the smoke and/or odour from the fire does not cause offensive smoke to enter another property or create a smoke hazard, especially for traffic on a road.

Exemptions

The following exemptions apply:

• a barbeque or a manufactured fireplace for the purpose of outdoor cooking, heating or comfort is exempt, except where:
• a total fire ban or other CFA or restrictions apply; or
• offensive materials are burnt or offensive smoke or a smoke hazard is caused;
• a fire lit by a member of Council staff, a CFA member, or an employee of the DELWP, Parks Victoria or other relevant statutory authority in the course of their functions and duties; and
• restrictions related to days of the week are suspended, but only during the final seven (7) days leading up to the introduction of any fire danger period.

Windrows, large fires and multiple fires

A person on a property in the Open Air Burning – Rural Category may engage in, or authorise another person to engage in, open air burning, or the burning of windrows provided that:

• all conditions listed above are adhered to;
• any windrow or large fire or multiple fires must not pose a danger to any
• person or neighbouring property before, during or after burning;
• any windrow or large fire or multiple fires must have adequate supervision, tools and water supply to control the fire and prevent it from spreading or escaping at all times;
• where the burning off is to occur on a property of less than 20,000 square metres in area, reasonable measures are taken by the person to advise neighbouring landowners and occupiers at least 24 hours beforehand; and
• the person has given prior notification to the ESTA.

Attachment

• Open Air Burning Category Municipal Maps
• Attachments in the following pages show each suburb in the municipal district and the Open Air Burning Category boundaries.

28. Download the draft Local Law

Download a PDF copy of the draft Local Law(PDF, 65MB)