Proposed:

New definition:

"property manager” means the person appointed by the owner of land or premises to manage that land or premises on their behalf.

Rationale:

This new definition compliments the proposed provision discussed below.

Proposed:

Enhance the existing provision:

88. The owner or the occupier of any land must not permit a building located on the land to:

88.1 become dilapidated; or

88.2 become further dilapidated

and must maintain any such building in a state of good repair.

By including this clause:

44.1 The owner, the occupier and the property manager of land must not permit a building located on the land to:

44.1.1 become dilapidated;

44.1.2 become further dilapidated;

44.1.3 become derelict;

44.1.4 be in a state of disrepair;

44.1.5 become damaged or defaced;

44.1.6 adversely affect the amenity of the surrounding neighbourhood; or

44.1.7 be left unsecured so as not to prevent unauthorised entry.

44.2 The owner, the occupier and the property manager of land must maintain any building on the land in a state of good repair.

44.3 The owner, the occupier and the property manager of land on which there is a vacant or derelict building/s must take all reasonable steps to secure the land from unauthorised access.

44.4 Without limiting the generality of clause 44.1, a building may be kept in a manner that offends clause 44.1 if the building is in a state or disrepair or has deteriorated or fallen into a state of partial ruin as a result of age, neglect, poor maintenance, or misuse.

Rationale:

The community is very vocal about their concerns and expectations around the upkeep of properties to maintain and enhance visual amenity. The revised clause extends the responsibility for building maintenance to owners, occupiers, and property managers. It covers a wider range of building conditions, including disrepair, damage, defacement, and impact on local amenity. It also emphasises the need for securing vacant or derelict buildings. This comprehensive approach ensures a range of enforcement options to satisfy community expectations around upkeep, security, and neighbourhood amenity.

Proposed:

Enhance the existing provision:

55. Unless permitted under a Planning Scheme applicable to the land, an owner or occupier of land must not keep that land or allow that land to be kept in a manner which causes in the land to become:

55.1 unsightly;

55.2 dangerous; or

55.3 detrimental to the general amenity of the neighbourhood in which it is located.

56. Without limiting the generality of clause 55, land may be unsightly or detrimental to the general amenity of the neighbourhood in which it is located by the presence of:

56.1 unconstrained rubbish;

56.2 dead trees and/or excessive growth of vegetation;

56.3 waste material;

56.4 unregistered motor vehicles or any parts of them;

56.5 scrap metal;

56.6 a disused excavation; or

56.7 a building or structure which is incomplete and not currently being constructed.

57. Each owner or occupier of land must maintain his or her land by:

57.1 mowing;

57.2 slashing; or

57.3 otherwise removing all overgrown grass and weeds so as to give the land an overall appearance of neatness.

By removing this clause:

unregistered motor vehicles or any parts of them;

And including these clauses:

28.2.4 more than three unregistered, unroadworthy, disassembled, incomplete or deteriorated vehicles;

28.2.5 machinery or vehicle parts which has or have been stored on the land for more than 60 days in one calendar year and the appearance of which is detrimental to the appearance of the surrounding area;

28.2.6 flammable material or any solid or liquid likely to assist the spread of fire or constitute a fire hazard.

Rationale:

The proposed changes to the law aim to enhance the existing provisions related to unsightly land. Here’s a rationale for these changes:

Clarification and Specificity: The clause “unregistered motor vehicles or any parts of them” is replaced with more specific clauses. This provides clearer guidelines on what constitutes an unsightly condition. It specifies the number of unregistered, unroadworthy, disassembled, incomplete or deteriorated vehicles allowed, and the duration for which machinery or vehicle parts can be stored on the land. This specificity helps in better enforcement of the law.

Safety Concerns: The inclusion of the clause about flammable material addresses safety concerns. It prevents the storage of any solid or liquid that could assist the spread of fire or constitute a fire hazard. This is crucial in areas prone to wildfires and in densely populated neighbourhoods where a fire could have devastating consequences.

Aesthetic Considerations: The changes also consider the aesthetic impact on the surrounding area. The presence of deteriorated vehicles, machinery parts, and flammable materials can be detrimental to the appearance of the neighbourhood. By regulating these, the law aims to preserve and enhance the general amenity of the neighbourhood.

These changes aim to strike a balance between individual property rights and the collective interest of the community in maintaining a safe and pleasant environment. They provide clear, enforceable standards for land maintenance, contributing to the overall quality of life in the neighbourhood.

Proposed:

Enhance the existing provision:

41.1 A person must not, without a permit:

41.1.1 light;

41.1.2 allow to be lit; or

41.1.3 allow to remain alight a fire in the open air.

Penalty: 10 Penalty Units

41.2 Incinerators

42.1 A person must not:

42.1.1 construct;

42.1.2 erect;

42.1.3 install;

42.1.4 use; or

42.1.5 permit to be constructed, erected, installed or used an incinerator on any land.

Penalty: 15 Penalty Units

43. Extinguishing Fires

43.1 A person who has lit or allowed a fire to remain alight contrary to clause 41 must extinguish the fire immediately on being directed to do so by:

43.1.1 an authorised officer;

43.1.2 a member of the Victoria Police; or

43.1.3 an employee of the Metropolitan Fire and Emergency Services Board.

Penalty: 20 Penalty Units

43.2 Nothing in clause 41 or 42 (inclusive) applies to:

43.2.1 a barbeque, pizza oven or other appliance constructed for the purposes of cooking food while it is being used for that purposes;

43.2.2 a fire in a brazier, chimenea or other appliance constructed for the purposes of heating while it is being used for that purposes;

43.2.3 a tool of trade while being used for the purpose for which it was designed;

43.2.4 a fire lit by a member of staff of the Melbourne Fire and Emergency Services Board in the course of their duties;

43.2.5 an incinerator licensed under the Environment Protection Act 2017;

43.2.6 gas and kerosene lights, flares, outdoor braziers or heaters or burners installed for the comfort or convenience of those seated outside a restaurant, cafe or like establishment; or

43.2.7 as part of a religious or cultural ceremony.

Rationale:

The proposed changes to this clause aims to enhance the provisions around lighting and allowing to be lit, a fire that is part of a religious or cultural ceremony. This promotes inclusivity and non-discrimination.

Proposed:

Amending the below:

33.1 Unless permitted under a Planning Scheme applicable to the land, a person must not, without a permit:

33.1.2 occupy; or

33.1.2 cause to be occupied; any

33.1.3 caravan;

33.1.4 tent; or

33.1.5 like structure, on any land for a period longer than a total of three (3) weeks in any calendar year.

Rationale:

Amending this clause clarifies that where a permit is held, and permitted under a planning scheme, the total amount of time in a calendar year that camping can occur is 3 weeks.