Proposed:

New Definition:

"Council Asset" means any asset, item or thing located, in, on or under a road or Council land, including a structure, building, fixture, freestanding object, appliance, equipment, drain, tree, bridge, turf, cricket pitch, service channel, sign and hydrant that is not owned by another person or public body.

Rationale:

Council asset is not defined in the current local law and is now included to provide clarity. This definition is designed to be comprehensive, encompassing any asset, item, or thing located in, on, or under a road or Council land. This broad definition ensures that all potential assets under Council’s ownership and control are accounted for, providing clear guidelines for asset protection and also complements enforcement where a person has damaged a Council asset.

Proposed:

Enhance the existing provision:

50. Where a person is required to undertake any works on Council land or a road that person must:

50.1 undertake those works safely;

50.2 provide and maintain pedestrian and traffic control devices during the course of the works; and

50.3 ensure that any pedestrian or traffic control device which is being used on or in respect of the land complies with Australian Standard AS 1742.3 published by or on behalf of Australian Standards.

By including this clause:

24.1 Where works are carried out on Council land or a road:

24.1.1 the person causing the works to be carried out;

24.1.2 the person carrying out the works; and

24.1.3 any appointed agent

must ensure that:

24.1.4 those works are safely carried out;

24.1.5 adequate pedestrian and traffic control devices are installed and maintained during the course of the works; and

24.1.6 any pedestrian or traffic control device which is being used in connection with the works complies with the applicable Australian Standard and any directions issued by Council or an authorised officer.

Rationale:

The enhanced clause provides greater clarity and accountability. It specifies responsibilities not only for the person carrying out the works, but also for the person causing the works and any appointed agent. It ensures safety, adequate control devices, and compliance with Australian Standards and Council directions, thereby promoting better regulation and adherence.

Proposed:

"builder" means a person who carries out building work or, not being an owner of land on which the building work is carried out, manages or arranges the carrying out of building work.

Change to:

"builder" means a person who:

(a) carries out building work; or

(b) is not an owner of land on which the building work is carried out but who manages or arranges the carrying out of building work on that land.

Rationale:

This is an administrative change that provides greater clarity.

Proposed:

Change definition from:

"building work" means work for or in connection with the construction, renovation, alteration, demolition, relocation or removal of a building, including excavation, landscaping, concreting, and subdivision road construction but excludes minor building work.

Change to:

"building work" means work for or in connection with the construction, renovation, alteration, demolition, relocation or removal of a building, and includes any changes to the natural or existing topography of land including excavation, landscaping, concreting, trenching, digging, filling, subdivision and road construction, whether by mechanical or manual methods, and the loading and unloading of any goods or materials for or in connection with any building work, but excludes minor building work.

Rationale:

The proposed definition is comprehensive, encompassing a variety of activities commonly linked to construction. It offers builders and officers clear guidelines on what can be reasonably classified as building works. This broad interpretation ensures all relevant activities are included within the scope of building works.