Proposed:

18. In a reserve, a person must not:

18.1 without a permit:

Removal of the below:

18.1.10 carry any firearm except a pistol intended and designed for use as sporting official's starting pistol;

Rationale:

This has been deleted because these matters are regulated by the Firearms Act 1996 and this clause risks inconsistency. We are also inclined to think that these are matters for Victoria Police, and enforcement by Council’s authorised officers would present an unreasonable and unnecessary risk to their health and safety.

Removal of Clauses 14.8 and 14.9, as per below.

Proposed:

Removal of the below:

14.8 deposit any litter on Council land, except in a receptacle provided for that purpose

Rationale:

This has been removed because litter is addressed by the Environment Protection Act 2017.

Proposed:

Removal of the below:

A person must not:

14.9 except for a child under the age of six (6) years in the care of a responsible person, enter or use any dressing room, shower, convenience or other area on Council land which has been appropriated for persons of the opposite gender.

Rationale:

This has been removed because it is inconsistent with the Equal Opportunity Act 2010 and the Charter of Human Rights and Responsibilities Act 2006.

Proposed:

Change to pronouns:

Throughout the Local law the words “his or her” have been replaced with “their” and the words “he or she” have been replaced with “they”.

Rationale:

The change in pronouns from “his or her” and “he or she” to “their” and “they” respectively, promotes inclusivity and neutrality. It ensures the law applies to all individuals, regardless of gender identity, making the language more modern and non-discriminatory.

Proposed:

Removal of the below:

61. A person must not:

61.1 write;

61.2 paint; or

61.3 draw any inscription, figure or mark

on the exterior of any premises without the prior consent of the:

61.3.1 owner; or

61.3.2 occupier

of the premises and for the purpose of affecting the visual amenity of the premises or the area in which they are located.

Rationale:

This has been deleted due to inconsistency with the Graffiti Prevention Act 2007, which sets out a comprehensive legislative framework for managing graffiti, including establishing offences and processes for requiring removal.

The purpose of the Act is to reduce the incidence of graffiti by—

(a) creating graffiti-related offences;

(b) providing search and seizure powers for police officers; and

(c) providing power for a Council to enter private property for the purpose of removing graffiti.

The Act makes it an offence to mark graffiti without consent and mark graffiti that is offensive.

Proposed:

Removal of the below:

75. A person:

75.1 must not allow a refrigeration unit mounted on a motor vehicle to run prior to:

75.1.1 7.00am or after 10.00pm on any day between Monday and Friday inclusive that is not a public holiday; or

75.1.2 9.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

75.2 must not deliver any goods to or remove any goods from any:

75.2.1 shop;

75.2.2 market;

75.2.3 factory;

75.2.4 warehouse;

75.2.5 workshop; or

75.2.6 other premises used for commercial purposes in a Residential Area, premises adjacent to a Residential Area or premises from which any noise arising out of the delivery of goods can be heard from a habitable room in premises used primarily for residential purposes

prior to:

75.2.7 7.00am or after 10.00pm on any day between Monday and Saturday inclusive that is not a public holiday; or

75.2.8 9.00am or after 10.00pm on any Sunday or

public holiday; or

75.3 must not use any machine for or in connection with the:

75.3.1 mowing of grass;

75.3.2 the lopping or removal of trees; or

75.3.3 any other gardening activity

prior to:

75.3.4 7.00am or after 6.00pm on any day between Monday and Saturday inclusive that is not a public holiday; or

75.3.5 9.00am or after 6.00pm on any Sunday or

public holiday;

if noise from the refrigeration unit, delivery or machine, as the case may be, can be heard in a habitable room of a residence, regardless of whether any door or window giving access to the habitable room is open.

76. Nothing in clause 75:

76.1 applies to any person who is carrying on a domestic waste collection service, green waste collection service, recycling collection service, paper and cardboard collection service or hard rubbish collection service authorised by Council; or

76.2 applies to a person to whom section 48A of the Environment Protection Act 1970 applies (including but not limited to a person who uses any machine for in connection with the mowing of grass, lopping or removal of trees or any other gardening activity on Residential Land which he or she occupies).

Noise and Alarms

77. An owner or occupier of land must not:

77.1 install;

77.2 allow to be installed; or

77.3 cause to be retained and active

on the land any form of intruder alarm which emits a noise audible beyond the boundary of the land unless the alarm is so constructed or regulated as to ensure that:

77.4 whenever a detection device is activated, the alarm is automatically rendered inaudible beyond the boundary of the land within five (5) minutes of being activated; and

77.5 the alarm cannot reactivate following the operation of that single detection device until the alarm condition has been manually reset.

78. Notwithstanding clause 77, an intruder alarm may operate for a further period of five (5) minutes beyond the period described in clause 77.4 if the alarm is activated by a different detection device following the cessation of the alarm in accordance with clause 77.

Rationale:

This has been deleted due to inconsistency with the Environment Protection Act 2017, which provides a comprehensive regime for managing noise emitted from residential and non-residential premises. This leaves no space for regulation by Council.

Council will be responsible for dealing with residential noise complaints while the Environment Protection Authority will be responsible for dealing with all other noise complaints.

The Environment Protection Act 2017 (the Act) and the Environment Protection Regulations 2021 (the Regulations) change the way noise emissions are assessed and managed in Victoria.

The Act introduces a duties-based framework, with the general environmental duty (GED) at its centre. The GED requires any person engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste to minimise those risks so far as reasonably practicable. Pollution can include the emission of noise.

In addition to these GED obligations, under section 166 and section 168 of the Act respectively, a person must not emit, or permit the emission of, 'unreasonable noise' or noise prescribed to be 'aggravated noise' from a place or premises that are not residential premises.

Proposed:

Removal of the below:

81. A person must not:

81.1 burn; or

81.2 cause or permit to be burned

any substance, if the burning of the substance is likely to:

81.3 cause a nuisance;

81.4 be dangerous to the health of any person; or

81.5 be offensive to any person.

82. Without limiting the application of clause 81, a person must not:

82.1 burn; or

82.2 cause or permit to be burned any:

82.3 rubber or plastic substance;

82.4 waste petroleum oil or material containing waste petroleum oil;

82.5 paint or receptacle which contains or has contained paint;

82.6 manufactured chemical;

82.7 pressured can;

82.8 textile fabric; or

82.9 food waste.

Rationale:

This has been deleted due to inconsistency with the Environment Protection Act 2017 and the Public Health and Wellbeing Act 2008, which together provide a comprehensive regime for managing emissions from premises, including smoke, dust, ash and the like. This leaves no space for regulation by Council.

Council will be responsible for dealing with complaints under the Public Health and Wellbeing Act 2008 while the Environment Protection Authority will be responsible for dealing with complaints under the Environment Protection Act 2017.

Under the Public Health and Wellbeing Act 2008 Council has a duty to remedy as far as is reasonably possible all nuisances existing in its municipal district.

Proposed:

Removal of the below:

85. A person must not, without a permit, perform or permit to be performed any building work which can be heard in a habitable room of a residence, regardless of whether any door or window of the room is open:

85.1 before 7.00am or after 8.00pm on any day from Monday to Friday; or

85.2 before 9.00am or after 8.00pm on a weekend or public holiday.

86. Clause 85 does not apply to:

86.1 any employee or agent of a permit holder;

86.2 any building work being performed by or on behalf of Council;

86.3 any building work which is subject to a permit issued under the Planning and Environment Act 1987, if that permit contains a condition which:

86.3.1 restricts the times during which building work may be performed; and

86.3.2 the condition is more restrictive than clause 85; or

86.4 any person to whom section 48A of the Environment Protection Act 1970 applies.

87. A person who carries out or allows to be carried out any building work must ensure that the building work is carried out such:

87.1 as not to emit excessive dust into the air and onto land proximate to the land on which the building work is carried out; and

87.2 that it does not constitute a nuisance or unreasonably interfere with the enjoyment by any person of land proximate to the land on which the building work is carried out.

Rationale:

This has been deleted due to inconsistency with the Environment Protection Act 2017, which provides a comprehensive regime for managing noise emitted from residential and non-residential premises. This leaves no space for regulation by Council. Council will be responsible for dealing with residential noise complaints while the Environment Protection Authority will be responsible for dealing with all other noise complaints.

Proposed:

Removal the below:

117. The owner of a motor vehicle must not leave that motor vehicle standing in a parking area located on Council land:

117.1 except in the manner indicated by the inscription on any sign associated with the parking area;

117.2 contrary to any limitation in respect of days, periods of a day, classes of persons or classes of motor vehicles indicated by the inscription on any sign associated with the parking area; or

117.3 for any multiple of any limitation in respect of days or periods of a day indicated by the inscription on any sign associated with the parking area.

Rationale:

This has been deleted because it duplicates, or is inconsistent with, the Road Safety Road Rules 2017.

Council’s authorised officers are responsible for enforcing the Road Safety Road Rules 2017 and, as such, deleting this clause has no impact on Council’s powers more broadly.

Proposed:

Removal the below:

118. A person must not leave a motor vehicle standing in a residential parking area unless a residential parking permit is displayed under the windscreen of that motor vehicle.

Rationale:

This has been deleted because it duplicates, and is therefore inconsistent with, the Road Safety Road Rules 2017.

Council’s authorised officers are responsible for enforcing the Road Safety Road Rules 2017 and, as such, deleting this clause has no impact on Council’s powers more broadly.

Proposed:

Removal of the below:

162. A person must not collect industrial, commercial or trade waste other than between the following hours:

162.1 7am to 8pm Monday to Saturday; and

162.2 9am to 8pm Sunday and public holidays.

Rationale:

This has been deleted due to inconsistency with the Environment Protection Act 2017, which provides a comprehensive regime for managing noise emitted from residential and non-residential premises. This leaves no space for regulation by Council. Council will be responsible for dealing with residential noise complaints while the Environment Protection Authority will be responsible for dealing with all other noise complaints.

Proposed:

Change the below:

1 Penalty Unit to .5 Penalty Unit

2 Penalty Units to 1 Penalty Unit

2.5 Penalty Units to 1.25 Penalty Units

3 Penalty Units to 1.5 Penalty Units

5 Penalty Units to 2.5 Penalty Units

Rationale:

The current Local Law, established under the Local Government Act 1989, set a single penalty unit at $100. However, the Local Government Act 2020 aligns the Local Law penalty unit with the annual rate declared by the Treasurer under the Monetary Units Act 2004. For 2023/24, a penalty unit is $192.31, with an anticipated increase to $200 in 2024/25. This proposed amendment ensures consistency with existing fine amounts.