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City
of
DAREBIN
GENERAL LOCAL LAW 2005
(Consolidated Version)
City ofDarebin General Local Law 2005 as
amended by City ofDarebin General
(Amendment) Local Law 2006
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City
of
DAREBIN
Preamble
As with all municipalities Australia wide, Darebin City Council has power under the Local
Government Act 1989 to make local laws to ensure the equitable and fair use of Council
owned and managed infrastructure.
A requirement of the Local Government Act is that a local law must not be inconsistent with
any Act or regulation (State or Federal). Local laws are therefore aimed at dealing with local
issues.
Coimcil has taken the requirements of Darebin's diverse community into accoimt in
formulating this Local Law, ensuring that it is fair and equitable for all, and that people are
not disadvantaged as a result ofthe application of it due to race, ethnicity, or disability.
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PART 1 - INTRODUCTORY
1.
LOCAL LAW
This is the "General Local Law 2005" (Local Law No.l of 2005), and is made under
Part 5, Section 111 ofthe Act
2.
OBJECTIVES
The objectives ofthis Local Law are to provide for the:
3.
2.1
protection, safe and fair use and enjoyment of Council property;
2.2
protection ofthe visual amenity ofthe municipality to a standard that meets the
general expectations ofthe conmiunity;
2.3
keeping and control of animals, on land and on Council property; and
2.4
uniform and fair administration and enforcement ofthis Local Law.
COMMENCEMENT
This Local Law commences on the day on which notice of its making is published in
the Victoria Government Gazette.
4.
REVOCATION OF LOCAL LAWS
On the commencement of this Local Law, City of Darebin General Local Law
Number 1 of 1999 is revoked.
5.
DEFINITIONS In this Local Law:
"Act" means the Local Government Act 1989;
"Asset Protection Permit" means a permit including conditions issued by the
Council under clause 9.3 ofthis Local Law;
"authorised officer" means a person appointed by the Coimcil under section 224 of
the Act;
"building work" has the meaning ascribed to it by section 3 of the Building Act
1993;
"Council" means Darebin City Council;
"Council property" means:
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(a)
a road as defined in the Act, which includes a footpath, right of way
and lane;
(b)
land which is owned, occupied, managed or controlled by the Council;
and
(c)
any building or things owned, managed or controlled by the Coimcil
on the land referred to in paragraphs (a) and (b) above;
"incinerator" means a structure, device or container designed or used to bum any
material or substance which is not enclosed in a building and includes a barbeque;
"municipality" means the municipal district of the Council;
"Notice to Comply" means a Notice to Comply imder this Local Law;
"occupier" includes a person or persons having control or management of a
premises;
"owner" has the meaning ascribed to it by section 3 ofthe Act;
"permit" means a pemiit including conditions issued by the Council under this Local
Law; and
"unmade right of way" means a right of way which has not been formally
constructed with a concrete, asphalt or bluestone surface.
6.
APPLICATION OF LOCAL LAW
This Local Law applies at all times throughout the municipality.
7.
OTHER LEGISLATION
Anything expressly allowed under any Act, regulation or Darebin Planning Scheme
is not effected by any prohibition or restriction under this Local Law.
PART 2-GENERAL
8.
COMMERCIAL ACTIVITIES ON COUNCIL PROPERTY
8.1
Without a permit, a person must not:
8.1.1
display, sell or offer for sale any goods; or
8.1.2
place or allow to be placed:
i)
any advertising sign;
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ii)
iii)
any fumiture for customer use; or
any other obstruction that relates to commercial
activity
on Council property.
9.
PROTECTION OF COUNCIL PROPERTY AND ASSETS
9.1
The purpose ofthis clause is to protect Council property and assets by
avoiding or minimising damage caused by activities affecting Council
property.
9.2
Without an Asset Protection Permit, a person must not:
9.3
9.4
9.2.1
commence or imdertake any works on Council
property;
9.2.2
place any building materials or any other obstruction
on Council property; or
9.2.3
commence or allow to be commenced any building
work on land.
An Asset Protection Permit issued by the Council may be subject to
such conditions as the Council determines, including conditions:
9.3.1
requiring protection works to be done;
9.3.2
requiring the payment of a fee and/or security bond;
9.3.3
requiring that any or all public assets or infrastructure
damage be repaired, replaced or re-instated within a
specified time and to the satisfaction ofthe Council; or
Without a permit, a person must not:
9.4.1
place any building materials or any other obstruction
on Council property; or
9.4.2
obstruct access to or access ways on Council property
in any way. The following are examples of items that
may obstruct access:
(i)
overhanging branches;
(ii)
rubbish and/or rubbish receptacles; and
(iii)
items for sale;
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10.
9.4.3
plant trees or shrubs on a nature strip;
9.4.4
in any way interfere with a nature strip, street trees or
parkland trees; or
9.4.5
allow an unregistered or registered but non-functional
vehicle to remain on Council property.
OPEN AIR BURNING
10.1
Except for cooking food outdoors, a person must not bum or allow to
be burned any matter in an incinerator or in the open air.
10.2
A person who has lit or allowed to remain alight a fire contrary to
clause 10.1 must extinguish the fire immediately on being directed do
so by:
(i)
(ii)
(iii)
(iv)
11.
Council;
an authorised officer;
a member ofthe Victoria Police; or
a member ofthe Metropolitan Fire Brigade.
CONDITION OF LAND
11.1
An owner or occupier of land must keep that land, and anything on
that land, in a condition that is not detrimental to the visual amenity of
the neighbourhood. The following are examples of what may be
detrimental to the visual amenity ofthe neighbourhood:
(i) branches, materials or objects which may overhang the property;
(ii) weeds and excessive vegetation; and
(iii) accumulation of excessive materials and obstmctions.
11.2
12.
An owner or occupier of land abutting an immade right of way must
ensure that the unmade right of way is free of litter and obstmctions.
ANIMAL MANAGEMENT STRATEGY
The document titled "Animal Management Strategy" as published by the Council
from time to time and which sets performance standards for the keeping of animals
on land within the municipality is hereby incorporated into this Local Law.
13.
PROPERTY NUMBERS TO BE DISPLAYED
13.1
For each premises that has been allocated a property number by the
Council, the ov^oier or occupier of that premises must mark the
premises with such number.
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13A
13B
13.2
The number must be of sufficient size, in a position, made of such
material and kept in such a state of repair so as to be clearly readable
from the road at all times.
13.3
Where a premises is situated on a comer, the number must be
displayed on the side to which the premises has its address.
LIQUOR CONTROL
13.1
A person must not consume liquor or have in their possession an open
container of liquor in any area and during the periods declared by
Council.
13.2
Council confers on the Councirs Chief Executive Officer the
discretionary authority to declare areas where and when a person must
not consume liquor or have in their possession an open container of
liquor.
STREET PARTY, FESTIVAL OR EVENT ON COUNCIL PROPERTY
A person must not without a permit organise or conduct a street party, festival or
event on Council property.
PART 3 - ADMINISTRATION AND ENFORCEMENT
14.
APPLICATIONS FOR PERMITS
14.1
An application for a permit under this Local Law must be
accompanied by payment ofthe fee and/or bond set by the Council.
14.2
The Council or an authorised officer may require an applicant to
supply more information or to give public notice ofthe application.
14.3
Subject to clause 14.4, the Council or an authorised officer may cancel
or amend any permit if it, he or she considers that there has been:
14.3.1
a material misstatement or conceahnent of facts in
relation to the application for a permit;
14.3.2
any material mistake in relation to the issue ofthe
permit;
14.3.3
any material change of circumstances which has
occurred since the issue ofthe permit;
14.3.4
a failure to comply with any conditions under which the
permit was issued; or
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14.3.5
14.4
15.
a failure to comply with a Notice to Comply for a period
of seven days after the date specified in the Notice.
The Council or the authorised officer must notify the holder of a
permit ofthe Council's or the officer's intention to amend or cancel the
permit and give the holder of that permit an opportunity to make a
written submission before the permit is amended or cancelled.
NOTICE TO COMPLY
Where an authorised officer reasonably believes that a person has committed an
offence against this Local Law, the authorised officer may issue to that person a
Notice to Comply requiring that person to:
16.
15.1
stop offending; and
15.2
do anything necessary to rectify the offence.
IMPOUNDING
For any obstmction on Council property, the Council may:
17.
16.1
require any person responsible for the obstmcting object to move it;
16.2
move or impound the obstructing object itself;
16.3
retum the obstmcting object to its owner on payment of a fee set by
the Council; or
16.4
sell or destroy the obstmcting object if the owner has not paid the fee
within seven days of impounding or the identity or whereabouts ofthe
owner or person responsible for the object is not known and has not
been ascertained despite reasonable efforts to do so.
OFFENCES
A person is guilty of an offence if the person:
17.1
does something which a provision ofthis Local Law prohibits or fails
to do something which a provision ofthis Local Law requires to be
done;
17.2
knowingly supplies any false information in support of an application
for a permit under this Local Law;
17.3
engages in activity without a current permit where a provision ofthis
Local Law requires that person to obtain a permit before engaging in
that activity;
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18.
19.
\1A
breaches or fails to comply with a condition of a permit issued under
this Local Law;
17.5
fails to comply with a Notice to Comply served by an authorised
officer; or
17.6
fails to comply with a sign erected by the Council.
INFRINGEMENT NOTICES
18.1
Where an authorised officer reasonably believes that a person has
committed an offence against this Local Law, the authorised officer
may issue to that person an Infnngement Notice as an altemative to a
prosecution for the offence.
18.2
A person to whom an Infringement Notice has been issued must pay
to the Council the amount specified in the notice within 28 days in
order to avoid prosecution.
18.3
The amount to be paid under an Infringement Notice is two penalty
units.
COURT FINES
A person found guilty of an offence under this Local Law is subject to the following
penalties:
20.
19.1
First offence - maximum 10 penalty units; and
19.2
Second offence - maximum 20 penalty units.
APPEAL TO COUNCIL
20.1
A person may appeal to the Council for a review of an order, direction
or notice made in relation to her or him under this Local Law in
accordance with the Council's Local Laws appeals procedure.
20.2
Where an appeal is to be conducted under this clause, the person
appealing must do all that is necessary to co-operate in the prompt and
speedy hearing ofthe appeal.
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CERTIFICATION
I certify that this a true copy ofthe consolidated version of General Local Law 2005 of
Darebin City Council made in accordance with the requirements ofthe Local Govemment Act
1989.
City ofDarebin General Local Law 2005 (Local Law No. 1 of 2005) was made by Resolution
ofDarebin City Council on 27 June 2005, and public notice ofthe making ofthe Local Law
was published in The Age newspaper on 13 July 2005 and published in the Victoria
Government Gazette on 14 July 2005.
City ofDarebin General (Amendment) Local Law 2006 (Local Law No. 1 of 2006) was made
by Resolution ofDarebin City Council on 18 September 2006, and public notice ofthe
making ofthe Local Law was published in The Age newspaper on 21 September 2006 and
published in the Victoria Govemment Gazette on 21 September 2006.
, lichael Ulbrick
ChiefExecutive OfHcer
10 Febmary 2009
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