GENERAL PURPOSES
LOCAL LAW
This Local Law was made by resolution of Council on 24 September 2012,
and commenced on 5 October, 2012.
Doc ID A4249651
General Purposes Local Law – 2012
Table of Contents
TABLE OF CONTENTS
PART 1 INTRODUCTORY 1. Title .................................................................................................................................................. 1 2. Objectives of this Local Law............................................................................................................. 1 3. Authorising Provision ....................................................................................................................... 1 4. Operation Date ................................................................................................................................. 1 5. Revocation Date .............................................................................................................................. 1 6. Repeal of Local Law ........................................................................................................................ 1 7. Application of the Local Law ............................................................................................................ 1 8. Definitions ........................................................................................................................................ 2 PART 2 COUNCIL OWNED AND MANAGED ROADS AND LAND 9. Works on Council Land or Roads .................................................................................................... 9 10. Specific Provisions Applying to Vehicle Crossings ........................................................................... 9 11. Interfering with Roads, Council Land, or Infrastructure .................................................................. 10 12. Behaviour on Council Land ............................................................................................................ 10 13. Busking, Fundraising and Community Awareness Activities .......................................................... 11 14. Circuses, Carnivals, Festivals or Events ........................................................................................ 11 15. Permit requirements for moveable advertising signs ..................................................................... 11 16. Exemptions from permits for moveable advertising signs .............................................................. 11 17. Exemptions for other signs............................................................................................................. 12 18. Permit requirements for Street Furniture and Display of Goods ..................................................... 12 19 Exemptions for Street Furniture or the Display of Goods ............................................................... 12 20. Other exemptions applying to street furniture or the display of goods ........................................... 12 21. Spoil on Roads ............................................................................................................................... 13 22. Clothing Recycling Bins ................................................................................................................. 13 23. Obstructions on Roads and Council Land ...................................................................................... 13 24. Repair and Display of Vehicles ...................................................................................................... 13 25. Vehicles Stored on Roads.............................................................................................................. 13 26. Toy Vehicles and Bicycles ............................................................................................................. 14 Mornington Peninsula Shire Council
General Purposes Local Law – 2012
Table of Contents
PART 3 REQUIREMENTS APPLYING TO LAND 27. Unsightly Land and Buildings ......................................................................................................... 15 28. Dangerous Land ............................................................................................................................ 15 29. Trees and Plantations .................................................................................................................... 16 30. Shipping Containers ....................................................................................................................... 17 31. Numbering Properties .................................................................................................................... 18 32. Overhanging Obstructions ............................................................................................................. 18 33. Heavy Vehicles .............................................................................................................................. 18 34. Restrictions on selling and displaying Aerosol Spray Paint ............................................................ 19 35. Shopping Trolleys and Coin Mechanisms ...................................................................................... 19 36. Camping......................................................................................................................................... 19 37. Use of Recreational Vehicles ......................................................................................................... 20 PART 4 BUILDING SITES AND MANAGEMENT OF DRAINS 38. Regulation of Building Sites ........................................................................................................... 21 39. Asbestos Removal and Transport .................................................................................................. 21 40. Requirement for Bond .................................................................................................................... 22 41. Maintenance of Drains ................................................................................................................... 22 42. Tapping into Drains ........................................................................................................................ 22 PART 5 ANIMALS AND BIRDS 43. Keeping of Animals Generally ........................................................................................................ 23 44. Responsible Breeding of Dogs and Cats ....................................................................................... 24 45. Keeping Animals ............................................................................................................................ 24 46. Animal Excrement .......................................................................................................................... 24 47. Animal Noise .................................................................................................................................. 25 48. Wasps and Bees ............................................................................................................................ 25 PART 6 WASTE DISPOSAL 49. Using Approved Garbage Bins....................................................................................................... 26 50. Recycling, Green Waste and Hard Garbage Collection ................................................................. 27 51. Trade Waste Bins .......................................................................................................................... 28 52. Bulk Rubbish Containers on Roads ............................................................................................... 28 Mornington Peninsula Shire Council
General Purposes Local Law – 2012
Table of Contents
PART 7 OPEN AIR BURNING, INCINERATORS AND CHIMNEYS 53. Restriction on Burning in the Open Air – Land 1,500 Square Metres or Below .............................. 29 54. Restrictions on Burning in the Open Air – Land above 1,500 square metres ................................. 29 55. Restrictions on Burning in the Open Air – Land 40,000 square metres or Above .......................... 30
56. Removal of Restrictions of Open Air Burning ................................................................................. 30
57. Applying for a Permit to Burn ......................................................................................................... 30 58. Issue of Permits to Burn ................................................................................................................. 30 59. Nuisance Burning and Incinerators ................................................................................................ 31 60. Extinguishing Fires ......................................................................................................................... 31 61. General Provisions ......................................................................................................................... 32 62. Chimneys ....................................................................................................................................... 32 PART 8 NOISE CONTROL 63. Unreasonable Noise Control .......................................................................................................... 33 64. Audible Intruder Alarm ................................................................................................................... 33 PART 9 SALE OF GOODS, STREET COLLECTIONS AND SPRUIKING 65. Itinerant Trading ............................................................................................................................. 34 66. Street Collection and Distribution ................................................................................................... 34 67. Spruiking ........................................................................................................................................ 34 PART 10 ADMINISTRATION AND ENFORCEMENT 68. Exercise of Discretion .................................................................................................................... 35 69. Impounding .................................................................................................................................... 35 70. Disposal ......................................................................................................................................... 35 71. Permits ........................................................................................................................................... 36 72. False Representations ................................................................................................................... 36 73. Considering Applications................................................................................................................ 36 74. Correction of Permit ....................................................................................................................... 37 75. Grounds for Cancellation or Amendment of Permits ...................................................................... 37 76. Exemptions .................................................................................................................................... 37 77. Notices to Comply .......................................................................................................................... 38 78. Power to Act in Urgent Circumstances .......................................................................................... 39 79. Offences and Penalties .................................................................................................................. 39 80. Infringement Notices ...................................................................................................................... 40 Mornington Peninsula Shire Council
General Purposes Local Law – 2012
Table of Contents
SCHEDULE 1 NOTICE TO COMPLY ........................................................................................................ 41 SCHEDULE 2 PLACEMENT OF COMMERCIAL ACTIVITIES ON FOOTPATHS ..................................... 42 SCHEDULE 3 SHOPPING PRECINCTS ................................................................................................... 45 SCHEDULE 4 REGISTER OF PENALTIES FOR ON-THE-SPOT INFRINGEMENT NOTICES............... 66 Attachments
•
Signage Policy
•
Commercial Activities on Footpaths Policy
•
Building and Works Code of Practice
•
EPA Victoria – Noise Control Guidelines
Mornington Peninsula Shire Council
General Purposes Local Law – 2012
Part 1 - Introductory
PART 1
INTRODUCTORY
1.
Title
This Local Law is the General Purposes Local Law of the Mornington Peninsula Shire Council.
2.
Objectives of this Local Law
The objectives of this Local Law are to regulate uses and activities to:
3.
(a)
provide for the peace, order and good government of the Municipal District of the
Mornington Peninsula Shire Council;
(b)
promote a physical and social environment in which residents and visitors to the Municipal
District can enjoy a quality of life that meets the general expectations of the community;
(c)
prevent and suppress nuisances which may adversely affect the enjoyment of life within
the Municipal District or the health, safety and welfare of persons within the Municipal
District;
(d)
prohibit, regulate and control activities which may be dangerous or unsafe or detrimental to
a person's health, amenity or the environment;
(e)
provide for fair access and use of Council and community assets and prescribe measures
to protect those assets; and
(f)
prescribe requirements for the administration and enforcement of the Local Law.
Authorising Provision
This Local Law is made under section 111 of the Local Government Act 1989 ("the Act").
4.
Operation Date
This Local Law comes into operation on 5 October, 2012.
5.
Revocation Date
This Local Law ceases to operate on 5 October, 2022, unless sooner revoked by Council.
6.
Repeal of Local Law
From the commencement of this Local Law, the Environment Local Law No. 2 (2005), the
Municipal Places Local Law No. 3 (2005), the Municipal Libraries Local Law No. 4 (2005) and the
Streets and Roads Local Law No. 5 (2005), are repealed.
7.
Application of the Local Law
This Local Law applies and has operation throughout the whole of the Municipal District.
Mornington Peninsula Shire Council
Page 1 of 67
General Purposes Local Law – 2012
8.
Part 1 - Introductory
Definitions
Unless the contrary intention appears in this Local Law, the following words are defined to
mean:
WORDS
MEANING
The Act
The Local Government Act 1989.
Allowed
Allowed by reason of a Resolution of Council and
exhibited on a sign located adjacent to or near a parking
area.
Animal
Carries the ordinary meaning of animal but also includes
a bird, a dog, a cat, a pig, cattle, a horse, sheep, a goat,
poultry, rabbit, ferret, a reptile and an insect, including
dead animal.
Animal Owner
A person who keeps or who harbours an animal or has
an animal in his or her care for the time being, whether
such animal is at large or in confinement.
Appointed agent
The person authorised in writing by an owner of a
building or land to make an application, appeal, referral
or representation on their behalf.
Approved garbage bin
An approved mobile garbage bin supplied by Council
and includes bins provided for recycling and green
waste collection.
Authorised Officer
Any person appointed by the Council to be an
Authorised Officer under section 224 of the Act.
Builder
A person who has been nominated as the builder on the
building permit and if no such application has been
made, the person in charge of the building work being
carried out, the person actually conducting the work or
the owner of the land on which the work is being carried
out.
Building
Includes any structure or building, whether temporary or
permanent, or any part of such building or structure.
Building Site
Any land on which building work is carried out.
Building work
Includes any work for or in connection with:
(a) the construction, demolition, renovation, alteration or
removal of any building or structure or earthworks
such as excavation, digging or boring; and
(b) delivery and removal of goods or materials.
Bulk rubbish container
Mornington Peninsula Shire Council
A bin, skip or other container used for the deposit of
waste, but excludes an approved garbage bin.
Page 2 of 67
General Purposes Local Law – 2012
8.
Part 1 - Introductory
Definitions (Cont’d)
WORDS
MEANING
Busk
Includes playing any musical instrument, singing,
haranguing or reciting, performing conjuring tricks,
juggling, dancing, miming or puppetry, performing like
activities or footpath art.
Camp
A tent, a sleeping bag, a caravan, mobile home or any
other moveable vehicle being used to provide
accommodation.
Chief Executive Officer
The Chief Executive Officer of the Council or any person
acting in that position and includes a person authorized
by the Chief Executive Officer to act on his or her behalf
in relation to this Local Law.
Clothing recycling bin
A bin or similar structure used for the collection of used
clothing (whether or not it is used for the collection of
other goods).
Container
A suitable rubbish container capable of restricting debris
and other waste from leaving a building site.
The Council
The Mornington Peninsula Shire Council.
Council land
Land, buildings and facilities which are owned, occupied
or vested in the Council or in respect of which the
Council has the care and management and to which the
public has access whether an entry fee is paid or not. It
includes a public place.
Dwelling
Any building or portion of a building which is used,
intended, adapted or designed for use for living.
Event
An organised gathering, a planned social or public
occasion or activity. Something that occurs in a certain
place during a particular interval of time.
Footpath
Any path that is provided for the use of pedestrians only
or that is regularly used by pedestrians and not vehicles,
or that is a segregated footway or a shared footway. It
includes a footway.
Frontage
A boundary between a property and an adjoining road. If
a property adjoins more than one road, the frontage is
the boundary between the property and the road to
which the largest building on the property fronts.
Heavy vehicle
Has the same meaning as the Road Safety Act 1986.
Incinerator
A structure, device or piece of equipment which is
designed, adapted, used or capable of being used for
the burning of any material or substance and which is
not:
(a) enclosed in any building;
(b) a barbecue; or
(c) licensed under the provisions of the Environment
Protection Act 1970.
Industrial Area
Land zoned Industrial 3 in the Planning Scheme.
Land
Has the same meaning as the Interpretation of
Legislation Act 1984 and includes any Council land or
private property in separate ownership or occupation.
Mornington Peninsula Shire Council
Page 3 of 67
General Purposes Local Law – 2012
8.
Part 1 - Introductory
Definitions (Cont’d)
WORDS
MEANING
Litter
Has the same meaning as the Environment Protection
Act 1970.
Litter device
An apparatus, which can be used for the purpose of
removing animal excrement and includes a paper or
plastic bag.
Minor building work
Building work valued at less than $10,000 but excludes
demolition and removal of buildings and structures and
the installation of swimming pools (regardless of value).
Motor vehicle
Any form of conveyance and includes a vehicle
propelled by a motor that forms part of the vehicle. It
includes a car, caravan, motor bike, trailer, tractor and
recreational vehicle, but does not include:
(a) a vehicle intended to be used on a railway or
tramway; or
(b)
a motorised wheel-chair capable of a speed of not
more than 10 kilometres per hour which is used
solely for the conveyance of an injured or disabled
person.
Moveable Advertising Sign
Any board, notice, structure, banner or other similar
device used for the purposes of notifying a sale,
soliciting sales or notifying people of the presence of an
adjacent property where goods or services may be
obtained.
Municipal District
The Municipal District of the Council.
Noxious weeds
Has the same meaning as the Catchment and Land
Protection Act 1994.
Notice to Comply
A Notice to Comply served under Clause 76.
Occupier
The person in charge or having the management or
control of any land and includes the owner and tenant.
Operator
In relation to a vehicle has the same meaning as that
contained in section 84BB of the Road Safety Act 1986
and includes a responsible person
Penalty unit
Has the same meaning as the Sentencing Act 1991.
Policy
A policy applied by Council from time to time for the
purpose of the particular provision in which the term is
used.
Poultry
Includes ducks, chickens, geese, peacocks, pheasants,
turkeys and guinea fowl.
Permit
A permit in writing issued for the purpose of the
particular provision in which the term is used.
Planning Scheme
Means the Mornington Peninsula Planning Scheme.
Mornington Peninsula Shire Council
Page 4 of 67
General Purposes Local Law – 2012
8.
Part 1 - Introductory
Definitions (Cont’d)
WORDS
MEANING
Premises
Includes a building, land, flat, unit, house and dwelling
but does not include any building, land, flat, unit, home
or dwelling owned or under the control of Council.
Public body
Any government department or body established for a
public purpose by or under an Act of the Parliament of
Victoria, any other State or Territory of the
Commonwealth, or the Commonwealth, and includes
any water authority established by or under such Acts.
Public place
Has the same meaning as the Summary Offences Act
1996.
Recreational vehicle
Any mini bike, trail bike, motor bike, motor scooter, gocart, four wheel drive vehicle or other vehicle propelled
by a motor which can be used for recreational
purposes, but does not include a motorised
wheelchair.
Refuse
All waste or rubbish produced or accumulated in or on
any land, but does not include:
(a) Slops or liquid wastes;
(b) Waste generated from building work Including but
not limited to bricks, concrete, masonry, dirt, soil,
sand and timber;
(c) Waste generated from the restoration, repair or
servicing of motor vehicles;
(d) Ash, unless it is:
(i)
cold;
(ii)
dampened; and
(iii) wrapped or contained in a manner which
prevents its escape.
Mornington Peninsula Shire Council
Page 5 of 67
General Purposes Local Law – 2012
8.
Part 1 - Introductory
Definitions (Cont’d)
WORDS
MEANING
Refuse (Cont’d)
(e)
trade waste;
(f)
oil, paints, solvents, herbicides and similar
chemical substances (except pain residue
contained in a sealed container);
(g)
hazardous chemicals;
(h)
volatile, explosive or flammable substances;
(i)
any waste that cannot be contained in an approved
garbage bin due to its size, shape, nature or
volume;
(j)
medical sharps, infectious or veterinary waste;
(k)
human or animal waste;
(l)
nightsoil except that disposable nappies may be
placed in securely wrapped impervious material;
(m) dust or fire particle waste, unless cleanly and
securely wrapped; or
(n)
any other substance declared by the Council or an
Authorised Officer not to constitute “refuse” for the
purposes of this Local Law from time to time.
Responsible person
has the same meaning as Section 84BB of the Road
Safety Act 1986.
Residential area
Land zoned Residential 1 or Low Density Residential in
the Planning Scheme.
Retailer
A person who sells goods by retail and may provide
trolleys to customers.
Mornington Peninsula Shire Council
Page 6 of 67
General Purposes Local Law – 2012
8.
Part 1 - Introductory
Definitions (Cont’d)
WORDS
MEANING
Road
A highway, street, lane, bridge, thoroughfare or other
place that is open to or used by the public for passage
with vehicles. It includes a public highway, carriageway,
Footpath, Traffic island, nature strip and any area that is
provided to separate Vehicle Traffic on a highway,
street, lane, bridge, thoroughfare or other place. It also
means any place that is defined as a Road, a Road
Related Area or a Highway under Section 3(1) of the
Road Safety Act 1986.
Rural area
Land Zoned Green Wedge or Farming in the Planning
Scheme
Shopping precinct
A concentration of land that is used for retail and office
based business activities as identified in the maps in
Schedule 3 of this Local Law.
Street furniture
Includes furniture used for outdoor dining such as tables
and chairs, and ancillary equipment such as gas
heaters, screens, planter boxes, umbrellas, blinds, menu
boards, and awnings.
Toy vehicle
(a) a vehicle designed to be propelled by human power
and includes a scooter, skate board, roller skates,
roller blades and like toys; or
(b) a remote control aircraft or vehicle.
Trade waste
Any waste, refuse, slops or other matter arising from or
generated by any trade, industry or commercial
undertaking.
Trade waste bin
A purpose-built container for the deposit of trade waste
that is ordinarily emptied by mechanical means.
Unsightly building
A building which is kept in such a manner so that it is
detrimental to the general amenity of the neighbourhood
and includes a building which is defaced by graffiti.
Use
In relation to a vehicle means park, ride or drive.
Unsightly land
Land which is kept in such a manner so as to be
detrimental to the general amenity of the neighbourhood
because the land has on it:
(a) excessive and unconstrained rubbish and litter or
waste material;
(b) excessive vegetation including noxious weeds and
undergrowth exceeding a height of 200 millimetres;
(c) excessive second hand materials, including building
materials such as timber;
(d) excessive vehicles and machinery or vehicle or
machinery parts;
(e) an incomplete or partially demolished building;
Mornington Peninsula Shire Council
Page 7 of 67
General Purposes Local Law – 2012
8.
Part 1 - Introductory
Definitions (Cont’d)
WORDS
MEANING
Unsightly land
(Cont’d)
(f) graffiti which is allowed to remain on exterior walls of
buildings and fences; or
(g) any other material or substance that makes the land
out of character with the appearance of other land in
the vicinity.
Utility
Has the same meaning as section 3 of the Road
Management Act 2004.
Vehicle
Vehicle means a conveyance that is designed to move,
to be moved, or to be towed on Land and includes a
Motor Vehicle. It includes an animal that is either driven
or ridden and a trailer but does not include:
(a) a train; or
(b)
a Toy Vehicle; or
(c)
in respect of an injured or disabled Person, a
wheelchair or a motorised wheelchair that is
capable of a speed of no more than 10 kilometres
per hour.
Vehicle owner
The person who has immediate right to the possession
of a vehicle or the person who appears to be in control
of a vehicle.
Work
Includes:
(a) excavating, digging holes, landscaping;
(b) erecting fencing, hoarding or scaffolding;
(c) using a mobile crane or travel tower;
(d) constructing, removing or altering a vehicle crossing;
or
(e) installing fences, barriers or other items that restricts
access to or movement on a road.
Mornington Peninsula Shire Council
Page 8 of 67
General Purposes Local Law – 2012
Part 2 – Council Owned & Managed Roads & Land
PART 2
COUNCIL OWNED AND MANAGED ROADS AND LAND
9.
Works on Council Land or Roads
(1)
A person other than a utility must not, without a permit, undertake works on a road or
Council land.
Penalty: Ten (10) Penalty Units
(2)
A utility must when conducting works on roads or Council land comply with the Road
Management Act 2004.
(3)
The Council may require that a person who undertakes works on a road or Council land
pay a bond which must be proportionate to the potential cost of repairing any damage to
the road or land.
(4)
The bond may be held for the duration of the works plus a maintenance period of twelve
months and must be refunded at the end of this period or applied by the Council to offset
the cost of repairing any damage.
Penalty: Ten (10) Penalty Units
10.
Specific Provisions Applying to Vehicle Crossings
(1)
The Council or an Authorised Officer may require –
(a)
the construction of a temporary or permanent vehicle crossing;
(b)
the repair or reconstruction of a vehicle crossing; or
(c)
the removal of a vehicle crossing and the reinstatement of any kerb, channel or
other works in the road –
by the owner or occupier of the adjacent land.
(2)
Any work performed under sub-clause (1) must be performed to the satisfaction of the
Council or an Authorised Officer.
(3)
If the Council or an Authorised Officer has required the owner or occupier of property on
which building work is to occur to construct a temporary vehicle crossing under subclause (1), building work must not commence until the temporary vehicle crossing has
been constructed.1
Penalty: Twenty (20) Penalty Units
(5)
1
The Council or an Authorised Officer may by notice in writing require the removal of any
vehicle crossing and the reinstatement of any infrastructure forming part of a road if, in
the opinion of the Council or an Authorised Officer, the vehicle crossing is redundant or
has been constructed in contravention of this provision.
See also Part 4 for specific requirements applying to building sites.
Mornington Peninsula Shire Council
Page 9 of 67
General Purposes Local Law – 2012
11.
Part 2 – Council Owned & Managed Roads & Land
Interfering with Roads, Council Land, or Infrastructure
(1)
A person must not:
(a)
remove, interfere with, or cause damage to, a road or Council land/or any other
asset located on Council land including trees, plants, assets or infrastructure; or
(b)
carry out any work or activity, use or repair any vehicle or equipment or allow any
tree, plant or other condition on land owned or occupied by him or her to cause
damage to, interfere with or cause a risk to a road or Council land.
Penalty: Ten (10) Penalty Units
(2)
12.
The restrictions in this provision concerning work or interference with trees and plants
and assets and infrastructure of the Council do not apply to an employee or an agent of
the Council or utility undertaking activities in the course of their employment.
Behaviour on Council Land
A person using Council land or a road must not behave in a way:
(1)
that could cause harm or injury to a person; or
(2)
which interferes with any other person’s reasonable enjoyment or use of that land by:
(a)
using toys and toy vehicles, such as model aeroplanes and kites, animals or
equipment on the Council land;
(b)
making unreasonable noise from a speaker, amplifier, microphone, or similar
appliance used for making or amplifying sounds or noise (unless a permit has
been obtained from the Council in relation to an event on that land), including
where that noise is heard inside a habitable room on adjacent land;
(c)
using language or behaving in a way that is indecent, offensive or abusive and
which annoys, disturbs, interferes or obstructs any person’s enjoyment of that
land;
(d)
destroying, defacing, removing or interfering with anything in or on any building,
improvement or other infrastructure of any kind, including trees, plants and other
vegetation, whether belonging to the Council or a utility;
(e)
acting contrary to any conditions of use of membership or signs that contain
conditions applying to entry or the use of the Council land;
(f)
conducting events or ceremonies such as circuses, carnivals, weddings,
competitive sport or groups training; or
(g)
acting contrary to any lawful direction of an Authorised Officer or a person in
charge of a facility on Council land.
Penalty:
Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 10 of 67
General Purposes Local Law – 2012
Part 2 – Council Owned & Managed Roads & Land
13. Busking, Fundraising and Community Awareness Activities
(1)
A person must not, without a permit, busk, fundraise or conduct a community awareness
activity on any road or Council land.
(2)
A person who has a permit to busk, fundraise or conduct a community awareness
session within a shopping precinct must only do so in the commercial activity zone of the
footpath as defined in Schedule 2 to this Local Law and must not interfere with the flow
of pedestrian traffic in the pedestrian zone as defined in Schedule 2.
Penalty:
14.
Five (5) Penalty Units
Circuses, Carnivals, Festivals or Events
A person must not, without a permit, hold or permit to be held a circus, carnival, festival or
event on Council land.
Penalty: Twenty (20) Penalty Units
15. Permit requirements for moveable advertising signs
(1)
A person must not, without a permit, place a moveable advertising sign on a footpath
within any of the shopping precincts identified in the maps in Schedule 3 to this Local
Law.
Penalty:
(2)
In addition to any requirements in this Local Law applying to a moveable advertising sign
in subclause (1), a person must comply with any additional requirements or conditions in
the Council’s Signage Policy.
Penalty:
16.
Five (5) Penalty Units
Five (5) Penalty Units
Exemptions from permits for moveable advertising signs
A person who places:
(a)
a moveable advertising sign on a footpath in a shopping precinct that is not identified in
the maps in Schedule 3; or
(b)
a moveable advertising sign in a residential area, industrial area or rural area; or
(c)
a moveable real estate sign in a residential area, industrial area or rural area –
must comply with the requirements or conditions applying to moveable advertising signs or
moveable real estate signs in the Council’s Signage Policy.
Penalty:
Five (5) Penalty Units
Mornington Peninsula Shire Council
Page 11 of 67
General Purposes Local Law – 2012
17.
Part 2 – Council Owned & Managed Roads & Land
Exemptions for other signs
A person erecting or locating a type of sign that is described in the Council’s Signage Policy as:
(a)
a temporary community event and information sign;
(b)
a community group sign and structure;
(c)
a shopping precinct, side street or arcade sign;
(d)
a garage sale sign;
(e)
a variable message sign; or
(f)
a commercial centre banner –
must comply with any additional requirements or conditions in Council’s Signage Policy
applying those types of signs.
Penalty:
18.
Permit requirements for Street Furniture and Display of Goods
(1)
A person must not, without a permit, place street furniture or display goods on a footpath
within any of the shopping precincts identified in the maps in Schedule 3 to this Local
Law.
Penalty:
(2)
Five (5) Penalty Units
In addition to any requirements in this Local Law applying to street furniture or the
display of goods in subclause (1), a person must comply with any additional
requirements or conditions in the Council’s Commercial Activities on Footpath Policy.
Penalty:
19
Five (5) Penalty Units
Five (5) Penalty Units
Exemptions for Street Furniture or the Display of Goods
A person proposing to place street furniture or display goods on a footpath in a shopping
precinct that is not identified in the maps in Schedule 3, must comply with any additional
requirements or conditions in the Council’s Commercial Activities on Footpath Policy.
Penalty:
20.
Five (5) Penalty Units
Other Exemptions applying to Street Furniture or the Display of Goods
The requirement to obtain a permit to place street furniture or display goods on a foothpath in a
shopping precinct does not apply to:
(a)
a person who has a permit for the use or activity under the Planning Scheme; or
(b)
a person who has entered into a licence with the Council to undertake the use or activity.
Mornington Peninsula Shire Council
Page 12 of 67
General Purposes Local Law – 2012
21.
Part 2 – Council Owned & Managed Roads & Land
Spoil on Roads
(1)
The operator or responsible person for a vehicle must not allow any soil, earth, mud,
clay, cement slurry, liquid waste, or other litter to fall or escape from that vehicle onto a
road in the course of any trade, industry or commercial undertaking.
(2)
The operator or responsible person for a vehicle must not allow any fuel, grease, oil,
mud, clay, cement slurry, paint, detergents or other litter to run from that vehicle whilst
being cleaned and to be deposited onto a road, or into a drain.
Penalty: Twenty (20) Penalty Units
22.
Clothing Recycling Bins
(1)
A person must not, without a permit, place a clothing recycling bin on any Council land in
the Municipal district.
Penalty: Twenty (20) Penalty Units
(2)
In addition to complying with any conditions of a permit, a person must also comply with
any Council policy relating to clothing recycling bins.
Penalty: Twenty (20) Penalty Units
23.
Obstructions on Roads and Council Land
(1)
A person must not, without Council approval allow, place, store or leave any item or thing
on a road or Council land unless they are permitted to do so under any other Act,
regulation or other Local Law.
Penalty: Twenty (20) Penalty Units
(2)
24.
This clause does not apply to the works or activities of a Utility.
Repair and Display of Vehicles
(1)
An operator or responsible person must not, on a road or Council land display a vehicle
for sale or carry out any repairs or maintenance of a vehicle, other than to enable it to be
moved.
Penalty: Twenty (20) Penalty Units
(2)
25.
The Council may grant an exemption from subclause (1) to a person conducting a
business for the sale or hire of vehicles.
Vehicles Stored on Roads
A person must not allow any vehicle currently registered or which has a permit from the Roads
Corporation or any other relevant authority to be left standing continuously in any public place
for a period in excess of seven consecutive days.
Mornington Peninsula Shire Council
Page 13 of 67
General Purposes Local Law – 2012
26.
Part 2 – Council Owned & Managed Roads & Land
Toy Vehicles and Bicycles
A person must not on Council land:
(a)
use, place or leave a toy vehicle or bicycle in such a manner as to interfere with
the passage of or cause annoyance or danger to any person on or using the
Council land; or
(b)
use a toy vehicle in an area designated by Council resolution for the non-use by
toy vehicles.
Penalty: Ten (10) Penalty Units
Mornington Peninsula Shire Council
Page 14 of 67
General Purposes Local Law – 2012
Part 3 – Requirements Applying to Land
PART 3
REQUIREMENTS APPLYING TO LAND
27.
Unsightly Land and Buildings
(1)
An owner or occupier of land must not allow that land to be kept in a manner which is:
(a)
unsightly; or
(b)
detrimental to the general amenity of the neighbourhood in which it is located.
Penalty: Twenty (20) Penalty Units
(2)
The owner or occupier of land must not allow a building located on the land to –
(a)
be kept in a manner which is unsightly or ruinous or detrimental to the general
amenity of the neighbourhood in which it is located; or
(b)
become dilapidated or further dilapidated so that the features of the building are
not reasonably maintained.
Penalty: Twenty (20) Penalty Units
(3)
In determining whether a building is dilapidated or will be further dilapidated, an
Authorised Officer will take into consideration relevant factors including:
(a)
(b)
28.
whether the exterior of any building is in a state of disrepair and has been
damaged or defaced so as to:
(i)
affect the visual amenity of the premises; or
(ii)
cause the building to be out of conformity with the general standard or
appearance of other buildings in the vicinity of the premises; or
whether or not internal or external architectural features of the building are
reasonably maintained.
Dangerous Land
(1)
A person must not allow or permit any land owned or occupied by him or her to be kept
in a manner which is:
(a)
dangerous or likely to cause danger to life or property;
(b)
a haven for vermin or noxious weeds; or
(c)
overgrown with excessive vegetation growth.
Penalty:
(2)
Twenty (20) Penalty Units
A person must not, without a permit, store any matter, substance or thing which is
dangerous or likely to cause danger to life or property.
Penalty:
Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 15 of 67
General Purposes Local Law – 2012
Part 3 – Requirements Applying to Land
28. Dangerous Land (Cont’d)
(3)
29.
In determining whether to grant a permit under sub-clause (2) an Authorised Officer must
take into account the following:
(a)
the zoning of the land;
(b)
the proximity to adjoining land;
(c)
the amenity of the area;
(d)
the capacity to screen the proposed use from adjoining land or from any road;
(e)
the nature of the matter, substance or thing; and
(f)
any other matter relevant to the circumstances associated with the application.
Trees and Plantations
(1)
After this Local Law comes into operation, a person must not, without a permit, plant or
allow vegetation on land covered by Significant Landscape Overlay 4 (SL04) and
Significant Landscape Overlay 5 (SL05) in the Planning Scheme if:
(a)
that vegetation will have a height of 1.5 metres or more which at maturity will have
the effect of forming a solid visual wall affecting view lines; or
(b)
a plantation will have a height of 1.5 metres or more and will have the effect of
forming a solid visual wall affecting view lines; or
(c)
the vegetation or a plantation is within 150 metres of the title boundary of land
abutting the roads prescribed in sub-clause (3).
Penalty: Twenty (20) Penalty Units
(2)
(3)
The restriction in sub-clause (1) does not apply:
(a)
to land used for horticulture provided that the height of vegetation does not exceed
3.6 metres; or
(b)
to vegetation planted for privacy provided that the vegetation is within 20 metres of
the dwelling on the land; or
(c)
to vegetation that existed on the land at the commencement of this Local Law.
The restriction on vegetation on land within 150 metres of the title boundary in subclause (1) applies to land abutting the following roads:
•
Frankston-Flinders Road (between Baxter-Tooradin Road, Baxter and Cook
Street, Flinders);
•
Mornington-Flinders Road (between Tucks Road, Main Ridge and Cook Street,
Flinders);
•
Main Creek Road, Main Ridge and Red Hill;
•
Purves Road, Main Ridge and Arthurs Seat;
•
Boneo Road (between Cook Street, Flinders and Browns Road, Boneo);
•
Old Moorooduc Road, Tuerong and Dromana;
Mornington Peninsula Shire Council
Page 16 of 67
General Purposes Local Law – 2012
29.
Part 3 – Requirements Applying to Land
Trees and Plantations (Cont’d)
•
Balnarring Road (between Foxeys Road, Tuerong and Myers Road, Balnarring);
•
Nepean Highway (between Craigie Road, Mount Martha and Collins Road,
Dromana);
•
Nepean Highway (between Tower Road and Oakbank Road, Mount Eliza);
•
Peninsula Link (between Golf Links Road, Baxter and Mornington Peninsula
Freeway, Mount Martha);
•
Stanleys Road (between Frankston-Flinders Road, Balnarring and Red Hill Road,
Red Hill South); and
•
Moorooduc Highway (between Mornington-Tyabb Road, Mornington and Craigie
Road, Mount Martha).
(4)
The requirement to obtain a permit does not apply if planting trees or vegetation is part of
an application for a planning permit or has been addressed as part of an agreement
made between the Council and the owner of the land under Section 173 of the Planning
and Environment Act 1987.
(5)
If the horticultural use referred to in sub-clause (2) ceases, then any permit granted
under this Clause expires and the vegetation must be removed from the property.
Penalty: Twenty (20) Penalty Units
30.
Shipping Containers
(1)
Unless permitted under the Planning Scheme, a person must not in a residential area
without a permit, place a shipping container for longer than 6 months on land owned or
occupied by him or her.
Penalty: Ten (10) Penalty Units
(2)
Shipping containers located on land zoned Green Wedge under the Planning Scheme
must be screened from view by plants and vegetation and must not be:
(a)
located within 100 metres of a road; or
(b)
located on a ridge line; or
(d)
on land that is contained within an area covered by a Significant Landscape
Overlay in the Planning Scheme.
Penalty: Ten (10) Penalty Units
Mornington Peninsula Shire Council
Page 17 of 67
General Purposes Local Law – 2012
31.
Part 3 – Requirements Applying to Land
Numbering Properties
(1)
A person must not number or display a number in respect to a property unless the
number has been allocated to or approved for use by the Council in relation to the
property.
Penalty: Five (5) Penalty Units
(2)
If Council has allocated a number to a property, the owner or occupier of the property
must ensure that the property is marked with the number allocated by the Council and
the numbers are of sufficient size and free from obstructions so that they can be clearly
read under all normal lighting conditions from the road immediately adjacent to the front
boundary of the property.
Penalty: Five (5) Penalty Units
32.
Overhanging Obstructions
The owner or occupier of land must not permit anything located on the land to overhang the
boundary of the land so as to:
(a)
obstruct the clear view of a pedestrian or the driver of any motor vehicle travelling along
the road abutting the land;
(b)
encroach upon any adjacent road or Council land;
(c)
otherwise prejudice the safe and convenient use of any road abutting the land by
pedestrians or drivers; or
(d)
obscure street lights or a traffic control item.
Penalty: Twenty (20) Penalty Units
33.
Heavy Vehicles
An operator or responsible person must not without a Permit allow a vehicle over six (6) metres
in length (including any trailer and fittings) and with a Gross Vehicle Mass in excess of 4.5
tonnes to be parked, kept stored or repaired on any property which is in a Residential Area.
Penalty: Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 18 of 67
General Purposes Local Law – 2012
34.
Part 3 – Requirements Applying to Land
Restrictions on selling and displaying Aerosol Spray Paint
A person who as part of their business sells aerosol spray paint:
(a)
must not give away samples of aerosol spray paint to a person under 18 years of age;
and
(b)
must ensure that access and availability by any person to aerosol spray paint products,
including while they are displayed or stored, is restricted to the seller or an employee of
the seller.
Penalty: Ten (10) Penalty Units
35.
Shopping Trolleys and Coin Mechanisms
(1)
A retailer who provides shopping trolleys intended for the use of customers must ensure
that each shopping trolley has a coin mechanism attached to it.
Penalty: Ten (10) Penalty Units
(2)
A retailer must ensure that:
(a)
all shopping trolleys left outside the retailer’s business premises between 10.00pm
and 6.00am the following day, are secured by whatever means necessary to
prevent any shopping trolley being used; and
(b)
any shopping trolley removed from inside the retailer’s business premises by any
person between 10.00pm and 6.00am the following day is immediately secured by
whatever means necessary to prevent further use, or is immediately returned to
inside the building as soon as is practicable.
Penalty:
36.
Ten (10) Penalty Units
(3)
Sub-clause (1) does not apply to a retailer who has less than 25 shopping trolleys
available for the use of customers.
(4)
A retailer may apply in writing to Council for an exemption from the application of this
provision and the Council may decide to grant a temporary or permanent exemption.
Camping
(1)
A person must not, camp on Council land unless it is in a designated camping area
permitted by the Council.
Penalty: Ten (10) Penalty Units
(2)
A person must not camp on vacant private land in the municipal district.
Penalty: Ten (10) Penalty Units
(3)
A person may occupy a caravan on private property where there is an existing dwelling
for a cumulative period of not more than six (6) months in any twelve (12) month period
provided that:
(a)
appropriate sanitary facilities are available to the land; and
(b)
there is no detrimental effect on the amenity of adjoining properties.
Mornington Peninsula Shire Council
Page 19 of 67
General Purposes Local Law – 2012
36.
Part 3 – Requirements Applying to Land
Camping (Cont’d)
(4)
A person must not, without a permit, occupy a caravan on private property in excess of
the period prescribed in sub-clause (3).
Penalty: Ten (10) Penalty Units
(5)
(6)
37.
In determining whether to grant a permit under sub-clause (4), Council or an Authorised
Officer must take into account the following:
(a)
the location of the land;
(b)
the suitability of the land;
(c)
the period of time the occupancy is requested for;
(d)
the availability of sanitary and sullage facilities;
(e)
the ability of the land to accept waste discharge, disposal and/or sullage;
(f)
the likely effects on residents on adjoining land;
(g)
the size and height of the caravan; or
(h)
the distance from any road.
The Council or an Authorised Officer may exempt any person or body from the
application of this provision.
Use of Recreational Vehicles
(1)
An operator or responsible person must not, use a recreational vehicle on land, except
where the use is authorised by signs placed on the land by Council, or is permitted to do
so under an Act or regulation.
(2)
The owner or occupier of any land must not without a permit allow a person to use a
recreational vehicle on that land.
Penalty: Ten (10) Penalty Units
(3)
This clause does not apply if, in the opinion of an Authorised Officer, the use of the
subject vehicle at the relevant time is for other than recreational purposes.
Mornington Peninsula Shire Council
Page 20 of 67
General Purposes Local Law – 2012
Part 4 – Building Sites & Management of Drains
PART 4
BUILDING SITES AND MANAGEMENT OF DRAINS
38.
Regulation of Building Sites
(1)
A person in charge of a building site or a works site for which a building permit or works
permit has been issued must comply with any conditions or requirements in the Council’s
Building and Works Code of Practice.
Penalty:
(2)
Twenty (20) Penalty Units
A person in charge of a building site or a works site on land within the Urban Growth
Boundary under the Planning Scheme for which a building permit or works permit has
been issued, must also obtain an Asset and Amenity Protection Permit prior to the
commencement of work on the building site or works site.
Penalty: Twenty (20) Penalty Units
(3)
39.
The requirements of this provision do not apply where minor building work is being
undertaken.
Asbestos Removal and Transport
(1)
Unless works are carried out by a licensed asbestos removalist, a person must not
remove material from a building that contains or is likely to contain asbestos unless:
(a)
the asbestos is non-friable and the total amount to be removed from the building is
not more than 10 square metres;
(b)
all reasonable precautions are taken, including wetting down of the material
immediately prior to its removal and keeping it wet until it is wrapped in plastic,
sealed and clearly labelled to indicate the presence of asbestos;
(c)
the asbestos is removed from the property within 24 hours and is not stored on the
property; and
(d)
all reasonable steps are taken to contact the immediate neighbours and advise
them of the proposed works at least seven days prior to their commencement.
Penalty: Twenty (20) Penalty Units
(2)
In determining whether material is likely to contain asbestos, an Authorised Officer will
consider the circumstances of the situation, including the physical characteristics of the
material being removed and the age of the building from which the material is being
removed.
(3)
A person must transport and dispose of material that contains or is likely to contain
asbestos in accordance with the Occupational Health and Safety Regulations 2007 and
EPA Industrial Waste Guidelines.
Penalty: Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 21 of 67
General Purposes Local Law – 2012
40.
41.
Part 4 – Building Sites & Management of Drains
Requirement for Bond
(1)
If in the opinion of Council or an Authorised Officer it is likely that any Council asset may
be damaged in the course of any building work for which a building permit has been
issued, the owner or occupier of the land may be required to pay a bond to Council.
(2)
The amount of any bond under sub-clause (1) must be determined by Council or the
Authorised Officer having regard to the probable cost of repairing any damage that is
likely to be caused.
(3)
The owner or occupier of land must repair any damage to Council assets that occurs as
a result of the building works for which a permit has been granted.
(4)
Any bond or part of a bond paid to Council under sub-clause (1) may be retained by
Council to meet the cost of repairing any damage which an owner or occupier has failed
to repair in accordance with his or her obligations under sub-clause (3).
(5)
For the purpose of sub-clause (3), Council or an Authorised Officer may determine the
cost of repairs to Council assets.
(6)
Council must refund any bond, or part of a bond, paid to it under sub-clause (1) if Council
is satisfied that:
(a)
there has been no damage to Council assets as a consequence of the building
works; or
(b)
any such damage has been repaired in accordance with sub-clause (3).
Maintenance of Drains
(1)
The owner or occupier of any land must ensure that any drain on the land that is not
vested in the Council or another public body is maintained in a condition that is not:
(a)
dangerous to health;
(b)
unsightly; or
(c)
a nuisance.
Penalty: Twenty (20) Penalty Units
(2)
A person must not discharge or cause to be discharged any material into a drain or
watercourse, which is vested in or under the control of the Council, except for the
discharge of stormwater.
Penalty: Twenty (20) Penalty Units
42.
(3)
An Authorised Officer may enter any land to access any drain under the control of the
Council.
(4)
Where it is reasonably practicable, written notice will be provided to the owner or
occupier of the land before an Authorised Officer enters the land.
Tapping into Drains
A person must not, without a permit, tap into, obstruct or interfere with any drain vested in or
under the control of the Council.
Penalty:
Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 22 of 67
General Purposes Local Law – 2012
Part 5 – Animals and Birds
PART 5
ANIMALS AND BIRDS
43.
Keeping of Animals Generally
(1)
The limitations and restrictions in this Part do not prohibit the keeping of any animals or
birds regulated by the Planning Scheme.
(2)
An owner or occupier of any land must not, without a permit, in a Residential area keep
or allow to be kept on land any more of each of the species or group, or type of animals
than is stated in the following Table:
500 –
1,199
s/mtrs
<499
s/mtrs
Animal / Bird
2,500 4,999
s/mtrs
1,200 2,499
s/mtrs
>5,000
s/mtrs
>10,000
s/mtrs
Dogs2
1
2
2
3
3
3
Cats3
2
2
2
2
2
2
Horses,
Donkeys or
similar
0
0
0
1
2
3
Sheep, Goats,
Llamas or
similar
0
0
1
2
4
6
Pig
0
0
0
0
0
0
Rooster
0
0
0
0
0
0
Poultry/Fowl
or similar
0
5
10
10
10
20
Cattle
0
0
0
0
0
1
(3)
If the Table referred to in subclause (2) specifies the number of nought (0) for any type of
animal or bird on that size of allotment, the keeping of that type of animal or bird on that
size of allotment is prohibited.
(4)
All animals kept on land in a Residential area must be owned by the owner or occupier of
that property.
Penalty: Ten (10) Penalty Units
2
For the purpose of calculating the maximum number of dogs and cats allowed to be kept on land, the progeny of any dog or
cat lawfully kept on the land is not to be counted for 12 weeks after their birth.
3
For the purpose of calculating the maximum number of dogs and cats allowed to be kept on land, the progeny of any dog or
cat lawfully kept on the land is not to be counted for 12 weeks after their birth.
Mornington Peninsula Shire Council
Page 23 of 67
General Purposes Local Law – 2012
44.
Responsible Breeding of Dogs and Cats
(1)
A person, other than the proprietor of a registered domestic animal business or a
member of an Applicable Organisation under the Domestic Animals Act 1994 with which
a dog or cat is registered, must not sell or give away to any person any dog or cat that
has not been de-sexed except where the dog or cat is 10 years of age or older.
(2)
Where a person sells or disposes of a dog or cat they are required, on the request of an
Authorised Officer, to provide details of the new owner.
(3)
A person must de-sex a cat over the age of 3 months unless they have applied for a
permit and the owner of the cat is a member of an Applicable Organisation, with which
the cat is registered.
Penalty:
45.
Part 5 – Animals and Birds
Ten (10) Penalty Units
Keeping Animals
(1)
The owner or occupier of any land must ensure that any land used for keeping an
animal:
(a)
is maintained in a clean, inoffensive and sanitary condition and does not cause a
nuisance to any other person;
(b)
locates any structure used for housing so as not to cause any nuisance;
(c)
is kept to the satisfaction of the Council or an Authorised Officer; and
(d)
is adequately fenced and keep the fence maintained in a satisfactory condition, so
that any animal or bird kept on the land cannot escape from the land.
Penalty: Ten (10) Penalty Units
(2)
The owner or occupier of any land on which an animal is kept must ensure that:
(a)
the land surrounding the place where the animal is kept is free from rubbish or
vegetation that could attract or harbour rats or vermin;
(b)
all animal food for consumption is kept or stored in a vermin and fly proof
receptacle; and
(c)
all animal waste is removed so as not to be offensive or a nuisance to any other
person.
Penalty: Ten (10) Penalty Units
46.
Animal Excrement
(1)
A person in charge of an animal must not allow any part of the animal’s excrement to
remain on any road or Council land and must immediately collect and dispose of the
excrement.
Penalty: Ten (10) Penalty Units
(2)
A person in charge of an animal on any road or Council land must carry sufficient litter
devices to collect and dispose of animal excrement and must produce them on the
request of an Authorised Officer.
Penalty: Ten (10) Penalty Units
Mornington Peninsula Shire Council
Page 24 of 67
General Purposes Local Law – 2012
47.
Animal Noise
(1)
An owner or occupier of premises must take all steps necessary to prevent any noise
caused by an animal being emitted from the premises so as to:
(a)
be unreasonable; or
(b)
be objectionable to, or adversely affecting the amenity of a person on other
premises.
Penalty:
(2)
48.
Part 5 – Animals and Birds
Ten (10) Penalty Units
For the purposes of sub-clause (1) in assessing whether noise is unreasonable,
objectionable or adversely affecting a person’s amenity, regard must be had to:
(a)
its volume, intensity and duration; and
(b)
the time, place and other circumstances in which it is emitted.
Wasps and Bees
(1)
The owner or occupier of land must ensure that any English or European wasps nesting
on the land are destroyed.
(2)
The owner or occupier of any land must ensure that any feral European honey beehive is
destroyed or must ensure that any feral European honey bees that are swarming on the
land and are considered by an Authorised Officer to be causing a nuisance to any
person, are removed from the land.
Penalty:
Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 25 of 67
General Purposes Local Law – 2012
Part 6– Waste Disposal
PART 6
WASTE DISPOSAL
49.
Using Approved Garbage Bins
(1)
The Council or an Authorised Officer may determine whether an approved garbage bin is
to be used for the deposit of refuse under this clause by the occupier of any property and
the occupier of the property must comply with any such determination by the Council or
an Authorised Officer.
Penalty: Five (5) Penalty Units
(2)
The occupier of a property to which the Council provides a garbage collection service
must:
(a)
deposit all refuse generated at the property into an approved garbage bin.
(b)
not place in an approved garbage bin anything other than refuse which:
(i)
is wrapped in any manner necessary to render it inoffensive and prevent the
protrusion of sharp objects;
(ii)
is appropriately wrapped and bagged to prevent being caught by wind
during the process of emptying the approved garbage bin; and
(iii)
is contained in any other manner approved by the Council or an Authorised
Officer.
(c)
not place any items in the approved garbage bin which are likely to damage the
bin or the collection vehicle.
(d)
not place paint residue in an approved garbage bin.
(e)
not place an approved garbage bin out for collection before dusk on the night
before the designated collection day and ensure that it is returned to the property
before the end of the collection day.
(f)
not place out for collection any approved garbage bin, except in accordance with
any requirements prescribed by or determined in accordance with this Local Law.
(g)
upon being directed to do so by the Council or an Authorised Officer, must remove
or cause to be removed from the approved garbage bin any material deposited or
caused to be deposited in contravention of sub-clause (2)(b).
Penalty: Five (5) Penalty Units
(3)
The occupier of a property must not without the consent of the Council or an Authorised
Officer, place more than one (1) of each approved garbage bin, green waste bin or a
recyclable goods bin provided by the Council out for collection and must ensure that the
bins are:
(a)
positioned on the nature strip or footpath adjacent to the kerb, or in any other
manner directed by the Council or an Authorised Officer from time to time;
(b)
not exceeding the maximum gross weight determined by the Council or an
Authorised Officer from time to time for the purposes of this clause; and
(c)
capable of being closed to prevent anything placed in the bins from escaping.
Penalty: Five (5) Penalty Units
Mornington Peninsula Shire Council
Page 26 of 67
General Purposes Local Law – 2012
49.
Part 6– Waste Disposal
Using Approved Garbage Bins (Cont’d)
(4)
The occupier of a property must:
(a)
keep an approved garbage bin:
(i)
in good order;
(ii)
in a clean inoffensive and sanitary condition; and
(iii)
to the satisfaction of the Council or an Authorised Officer;
(b)
ensure that an approved garbage bin is covered to prevent the contents of the bin
from being blow around by wind; and
(c)
maintain the site on which an approved mobile garbage bin is located and the
location where it is placed for collection in a clean, inoffensive and sanitary
condition.
Penalty: Five (5) Penalty Units
(5)
The occupier of a property must immediately notify the Council if his or her approved
garbage bin develops a defect, is destroyed or damaged, or is lost or stolen.
(6)
The occupier of a property may:
(a)
mark any approved garbage bin used by him or her with the number of the
property; and
(b)
renew the marking of the number as often as may be necessary to keep the
number clearly legible.
Penalty: Five (5) Penalty Units
50.
Recycling, Green Waste and Hard Garbage Collection
(1)
Where the Council or an Authorised Officer has given public notice that a recyclable
goods collection, green waste collection or hard garbage collection will be made, any
recyclable goods, green waste or hard garbage to be collected must be left for collection
in accordance with Council direction or Authorised Officer’s directions from time to time.
Penalty: Five (5) Penalty Units
(2)
A person must not without the consent of the Council or an Authorised Officer, remove
anything left for collection under sub-clause (1).
Penalty: Five (5) Penalty Units
Mornington Peninsula Shire Council
Page 27 of 67
General Purposes Local Law – 2012
51.
Part 6– Waste Disposal
Trade Waste Bins
(1)
The owner or occupier of every commercial and industrial premises must provide a
container for the storage of trade wastes which is:
(a)
constructed of impervious materials, water tight and pest proof;
(b)
emptied before it overflows;
(c)
removed from any public place immediately after the container is emptied; and
(d)
maintained and kept in a clean condition and free from offensive odours.
Penalty: Five (5) Penalty Units
(2)
A person must not place a trade waste bin on a road for longer than is practicably
required for the emptying of the trade waste bin.
Penalty: Five (5) Penalty Units
(3)
A person must not cause any –
(a)
obstruction; or
(b)
danger –
to any person on a road when placing a trade waste bin on a road to be emptied.
Penalty: Five (5) Penalty Units
(4)
A person who has placed a trade waste bin on a road must repair any damage to the
road or any works in the road including a vehicle crossing that results from placing the
trade waste bin on the road or emptying the bin.
Penalty: Five (5) Penalty Units
52.
Bulk Rubbish Containers on Roads
A person must not, without a Permit, place a Bulk Rubbish Container on a Road.
Penalty: Five (5) Penalty Units
Mornington Peninsula Shire Council
Page 28 of 67
General Purposes Local Law – 2012
Part 7– Open Air Burning, Incinerators and Chimneys
PART 7
OPEN AIR BURNING, INCINERATORS AND CHIMNEYS
In this Part “in the open air” has the same meaning as that contained in Division 3 of the Country Fire
Authority Act 1958.
53.
Restriction on Burning in the Open Air – Land 1,500 Square Metres or Below
(1)
A person must not, without a permit, light a fire in the open air on land, including in an
incinerator, where the land size is 1,500 square metres or below.
Penalty: Twenty (20) Penalty Units
(2)
54.
The restriction in sub-clause (1) does not apply to:
(a)
a barbecue, pizza oven or other properly constructed appliance while it is being
used for cooking food;
(b)
a fire in a brazier or chimenea while it is being used for heating;
(c)
a tool of trade while being used for the purpose for which it was designed;
(d)
a fire lit during the course of duty by a member of a fire and emergency services
agency; or
(e)
a fire where the Council has granted a permit because it considers that the specific
circumstances of the case enable it to provide an exemption to the restriction as
specified in Clause 58.
Restrictions on Burning in the Open Air – Land above 1,500 square metres
(1)
A person may light a fire in the open air on land, including in an incinerator, where the land
size exceeds 1,500 square metres but is less than 40,000 square metres, provided that:
(a)
the fire is lit or allowed to remain alight only on a Friday or a Saturday and not
before 9am or after 4pm;
(b)
no more than 10 cubic metres of vegetation is burnt at any one time;
(c)
the fire is not within 10 metres of any neighbouring dwelling;
(d)
the fire is lit or allowed to remain alight in accordance with Clause 61 – General
Provisions.
Penalty: Twenty (20) Penalty Units
(2)
Where a person wants to burn in the open air under this provision and the requirements
in sub-clause (1) cannot be complied with, a person must obtain a permit.
Penalty: Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 29 of 67
General Purposes Local Law – 2012
55.
Part 7– Open Air Burning, Incinerators and Chimneys
Restrictions on Burning in the Open Air – Land 40,000 square metres or above
(1)
A person may light a fire in the open air on land, including in an incinerator, where the
land size is 40,000 square metres or above, provided that:
(a)
no more than 100 cubic metres (e.g. 5 metres wide x 5 metres long x 4 metres
high) of vegetation is burnt at any one time;
(b)
the fire is not within 100 metres of any neighbouring dwelling; and
(c)
the fire is lit or allowed to remain alight in accordance with clause 61 – General
Provisions.
Penalty: Twenty (20) Penalty Units
(2)
Where a person wants to burn in the open air under this provision and the requirements
in sub-clause (1) cannot be complied with, a person must obtain a permit.
Penalty: Twenty (20) Penalty Units
56.
Removal of Restrictions on Open Air Burning
The Municipal Fire Prevention Officer may remove some restrictions on open air burning
contained within Part 7 of the General Purposes Local Law. The removal of any restrictions will
be for a period of up to four (4) weeks to enable landowners to light a fire in the open air for fire
prevention purposes only and Council will give public notice of this period.
57.
Applying for a Permit to Burn
A person can apply for a permit by:
58.
(a)
lodging an application with the Council in a form approved by the Council or an
Authorised Officer and
(b)
paying to the Council the appropriate application fee, if applicable.
Issue of Permits to Burn
(1)
The Council or an Authorised Officer may issue a permit with conditions or refuse to
issue a permit based on the specific circumstances of the case having due regard to:
(a)
the size of the land or
(b)
the ability of the landowner to remove the vegetation via more appropriate
methods or
(c)
the proximity to other landowners and risk of smoke nuisance or
(d)
any other relevant thing.
(2)
The conditions of the permit must be set out in the permit.
(3)
A person who undertakes open air burning for which the Council or an Authorised Officer
has issued a permit must comply with the conditions on the permit.
(4)
Even if a permit has been issued, a person must not light or allow to remain alight any
fire in the open air on a day that has been declared as a total fire ban day or smog alert
day.
Mornington Peninsula Shire Council
Page 30 of 67
General Purposes Local Law – 2012
59.
Part 7– Open Air Burning, Incinerators and Chimneys
Nuisance Burning and Incinerators
(1)
A person must not light a fire on any land in the open air, including in an incinerator that:
(a)
is offensive or a nuisance to another person in the vicinity, or beyond the property
boundary;
(b)
may cause a hazard to a person’s health; or
(c)
has an adverse impact on visibility beyond the property boundary, including
reducing the visibility of motorists and other users of a public road; or
(d)
creates a hazard on, or near, a public road.
Penalty: Twenty (20) Penalty Units
(2)
A person must not light a fire in the open air, including in an incinerator on land to burn,
cause or allow to be burnt any:
(a)
green or wet material;
(b)
non timber based building materials;
(c)
rubber or plastic, including plastic mulch, plant pots and packaging materials;
(d)
furnishings and carpet;
(e)
manufactured chemicals;
(f)
petroleum or oil products;
(g)
paint, including any container in which paint is kept;
(h)
food waste;
(i)
manure and straw;
(j)
carcasses or dead animals, unless prescribed by the Department of Primary
Industries as the only means of disposal; or
(k)
other offensive, noxious or toxic matter.
Penalty:
60.
Twenty (20) Penalty Units
Extinguishing Fires
A person who has lit or allowed a fire to remain alight contrary to the provisions in this Part or
any condition contained in a permit, must extinguish the fire immediately on being directed to
do so by:
(a)
an Authorised Officer; or
(b)
a member of Victoria Police or the Country Fire Authority.
Penalty: Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 31 of 67
General Purposes Local Law – 2012
61.
Part 7– Open Air Burning, Incinerators and Chimneys
General Provisions
(1)
A person who has lit or allowed a fire to remain alight must do so in accordance with the
following requirements:
(a)
the fire or use of the incinerator is supervised by an adult at all times;
(b)
sufficient fire protection equipment is available to extinguish the fire if required;
(c)
the vegetation to be burnt is dead and dry prior to lighting it; and
(d)
at the site of the fire, the wind speed must not exceed 20 kilometres per hour
(11 knots).
Penalty: Twenty (20) Penalty Units
(2)
A person must not light a fire in the open air in the whole of the municipal district:
(a)
on any day of smog alert declared by Environment Protection Authority Victoria;
(b)
on any day of total fire ban declared by the Country Fire Authority; and
(c)
during a declared fire danger period under the Country Fire Authority Act 1958
without first obtaining a permit from the Municipal Fire Prevention Officer or
Country Fire Authority.
Penalty: Twenty (20) Penalty Units
62.
Chimneys
(1)
A person who owns or occupies land must not allow any chimney on that land to
discharge, ash, smoke or dust to such an extent that it becomes a public nuisance, or is
dangerous or is likely to be dangerous to the health and safety of any person or animal,
or is harming or likely to be harmful to the environment.
(2)
In determining whether a contravention has occurred an Authorised Officer must have
regard to:
(a)
the nature of any complaint received;
(b)
any observations of an Authorised Officer, including the level of observable dust,
grit, ash, smoke substance or odour;
(c)
any diary entries made by any person detailing the particulars of the complaint;
(d)
whether the chimney and any heating devices comply with any relevant Australian
Standard; and
(e)
the nature of the fuel used in the heating device.
Penalty: Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 32 of 67
General Purposes Local Law – 2012
Part 8– Noise Control
PART 8
NOISE CONTROL
63.
Unreasonable Noise Control
(1)
A person on a road or Council Land or in a public place must not cause emit or cause to
be emitted such a level of noise as to materially interfere with the reasonable comfort of
any person occupying premises abutting the road, Council land or public place.
Penalty: Ten (10) Penalty Units
(2)
A person must not cause or allow any noise which is excessive, offensive or causes a
nuisance to any other person.
Penalty: Twenty (20) Penalty Units
(3)
64.
In determining whether noise is excessive, offensive or the cause of nuisance to any
other person an Authorised Officer will have regard to the Environment Protection
Authority Noise Control Guidelines Publication 1254 and any other guidelines or policies
published by the Environment Protection Authority to assist in determining if the noise is
unreasonable.
Audible Intruder Alarm
A person must not, in any premises, install or permit or allow to be installed or cause to be
retained in an active state, an intruder alarm, which emits a noise audible beyond the boundary
of the premises unless such an alarm is constructed or regulated to ensure that it complies with
the relevant Australian Standard.
Penalty:
Ten (10) Penalty Units
Mornington Peninsula Shire Council
Page 33 of 67
General Purposes Local Law – 2012
Part 9 – Sale of Goods, Street Collections & Spruiking
PART 9
SALE OF GOODS, STREET COLLECTIONS AND SPRUIKING
65.
Itinerant Trading
(1)
A person must not, without a permit, from or on to a road or Council land:
(a)
sell or display any goods or services from a vehicle, stall or other like structure; or
(b)
sell any goods or services carried on the person or on any animal or vehicle.
Penalty:
(2)
66.
Twenty (20) Penalty Units
The requirement in sub-clause (1) does not apply to a person who has a permit for the
use or activity under the Planning Scheme.
Street Collection and Distribution
A person must not, without a permit, solicit, distribute or collect any gifts, pamphlets, flyers or
subscriptions from a road or Council land.
Penalty:
67.
Twenty (20) Penalty Units
Spruiking
A person must not, without a permit, spruik, tout or solicit the sale of any goods or services on a
road or Council land or from any land adjacent to a road or Council land.
Penalty:
Twenty (20) Penalty Units
Mornington Peninsula Shire Council
Page 34 of 67
General Purposes Local Law – 2012
Part 10 – Administration & Enforcement
PART 10
ADMINISTRATION AND ENFORCEMENT
68.
Exercise of Discretion
In exercising any discretion contained in this Local Law, an Authorised Officer must have regard to:
(a)
the objectives and standards of this Local Law; and
(b)
any other relevant matter.
69.
Impounding
(1)
Where any goods, items, animals or equipment which have been placed or left in any
Public Place, Road or Land in contravention of this Local Law or a permit issued under
this Local Law, an Authorised Officer may impound those goods, items, animals or
equipment and they must be dealt with in accordance with the requirements of this Local
Law.
(2)
Where any item has been impounded under this Local Law, the Council or an Authorised
Officer must serve notice of the impounding personally or by registered mail on the
person who appears to be the owner of the impounded item if it is practicable to do so.
(3)
An impounded item must be surrendered to –
(a)
its owner; or
(b)
a person acting on behalf of its owner who provides evidence to the satisfaction of
an Authorised Officer of his or her authority from the owner –
on:
70.
(c)
evidence to the satisfaction of the Authorised Officer being provided of the owner’s
right to the item; and
(d)
payment of any fee determined by the Council or an Authorised Officer from time
to time.
Disposal
(1)
An authorised officer may sell, destroy, dispose of or give away any item impounded
under the provisions of this Local Law if the owner of the item has not paid the fee within
14 days of service of the notice under Clause 69.
(2)
In the case that the impounded items are perishable and will not survive the period
specified in sub-clause (1), the authorised officer may dispose of the items sooner.
(3)
Council is entitled to retain from the proceeds of sale of any impounded item or its
reasonable costs incurred in impounding, keeping and selling the item.
Mornington Peninsula Shire Council
Page 35 of 67
General Purposes Local Law – 2012
71.
72.
Part 10 – Administration & Enforcement
Permits
(1)
The Council or an Authorised Officer in its, his or her absolute discretion may issue a
permit under this Local Law with or without conditions, including the payment of any fee
the Council may require, or may refuse to issue the same.
(2)
The Council or an Authorised Officer may from time to time prescribe:
(a)
the manner and form in which applications for permits under this Local Law should
be made;
(b)
the manner in which any permit under this Local Law should be issued; and
(c)
the fee for any such permit application.
(3)
The Council or an Authorised Officer may waive payment of any fee for a permit.
(4)
The Council or an Authorised Officer may require an application for a permit to give
notice of the application in a manner specified from time to time by the Council or an
Authorised Officer.
(5)
The Council or an Authorised Officer may require an applicant for a permit to provide the
Council with more information before the Council or Authorised Officer deals with the
permit application.
(6)
A permit expires on the date specified in the permit or if no such date is specified the
permit will expire one (1) year after the date of issue.
(7)
Where the Council or an Authorised Officer is of the opinion that there is or has been a
breach of any condition of a permit, he or she may serve a Notice to Comply under
Clause 77 on the permit holder.
False Representations
A person who makes a false representation or declaration (whether oral or in writing), or who
intentionally omits relevant information in an application for a permit or exemption is guilty of an
offence.
73.
Considering Applications
In considering an application for a permit the Council or an Authorised Officer may consider:
(a)
any policy or guideline adopted by the Council relating to the subject matter of the
application for the permit;
(b)
any submission that may be received in respect of the application;
(c)
any comments that may be made in respect of the application by any public authority,
Government department, community organisations or other body or person; and
(d)
any other relevant matters.
Mornington Peninsula Shire Council
Page 36 of 67
General Purposes Local Law – 2012
74.
Correction of Permit
(1)
(2)
75.
The Council or an Authorised Officer may correct a permit issued if the permit contains:
(a)
a clerical mistake or an error arising from any accident, slip or omission; or
(b)
an evident and material miscalculation of figures or any evident and material
mistake in the description of any person, thing or property referred to in the permit.
The Council or the Authorised Officer must note the correction in the register of permits.
Grounds for Cancellation or Amendment of Permits
(1)
76.
Part 10 – Administration & Enforcement
The Council or an Authorised Officer may cancel or amend any permit if it, he or she
considers that there has been:
(a)
a material misstatement, false representation or concealment of facts in relation to
the application for a permit;
(b)
any material mistake in relation to the use of the permit;
(c)
any material change of circumstances which has occurred since the issue of the
permit;
(d)
a failure to comply with the conditions under which the permit was issued; or
(e)
a failure to comply with a Notice to Comply within the time specified in the Notice
to Comply.
(2)
The Council or the Authorised Officer must notify the holder of a permit of the Council’s
or Authorised 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.
(3)
If the Council or the Authorised Officer, after considering any written submission made by
the permit holder, determines to cancel or amend the permit, the Council or Authorised
Officer must note that cancellation or amendment in the register of permits.
Exemptions
(1)
A person may request the Council and the Council may by written notice exempt any
person or class of persons from the requirement to have a permit, either generally or at
specified times.
(2)
In determining whether to grant an exemption to the requirement to obtain a permit, an
Authorised Officer will have regard to:
(a)
the circumstances of the application;
(b)
whether the application is to raise funds for community or charitable purposes;
(c)
whether the proposed activity or use will have an overall community benefit;
(d)
whether the proposed activity or use could have a detrimental effect on adjoining
properties;
(e)
whether the applicant will be given an unfair advantage over any other person or
organisation; and
(f)
any other matters relevant to the circumstances of the application.
Mornington Peninsula Shire Council
Page 37 of 67
General Purposes Local Law – 2012
76.
77.
Part 10 – Administration & Enforcement
Exemptions (Cont’d)
(3)
An exemption may be granted subject to conditions.
(4)
A person must comply with the conditions of an exemption.
(5)
An exemption may be cancelled or corrected as if it were a permit.
Notices to Comply
(1)
Where an Authorised Officer considers that there is a breach of this Local Law he or she
may serve a Notice to Comply in the form of Schedule 1 on any owner, occupier or other
relevant person to remedy anything which constitutes a breach under this Local Law.
(2)
A Notice to Comply issued in accordance with this Local Law must state the time and
date by which the thing must be remedied.
(3)
The time required by a Notice to Comply served under this Local Law must be
reasonable in the circumstances and what will be reasonable will vary depending on the
matters to be remedied, but should take into account, if applicable:
(4)
(a)
the amount of work involved;
(b)
the degree of difficulty;
(c)
the availability of necessary materials or other necessary items;
(d)
climatic conditions;
(e)
the degree of risk or potential risk; and
(f)
any other relevant matter.
An owner, occupier, builder or appointed agent served with a Notice to Comply who fails
to remedy a situation in accordance with a Notice to Comply within the time specified in
the Notice is guilty of an offence under this Local Law.
Penalty:
Ten (10) Penalty Units
(5)
If any owner, occupier, or other relevant person served with a Notice to Comply fails to
carry out any work stipulated in a Notice to Comply, Council may, approve the carrying
out of the work by another person; or carry out the work itself and recover the cost of
performing the work from the owner, builder or appointed agent.
(6)
An owner, occupier, or other relevant person may make representations to the Council
about matters contained in the Notice to Comply.
(7)
Any person who fails to remedy a thing in accordance with a Notice to Comply within the
time specified is guilty of an offence under this Local Law.
Penalty:
Ten (10) Penalty Units
Mornington Peninsula Shire Council
Page 38 of 67
General Purposes Local Law – 2012
78.
Power to Act in Urgent Circumstances
(1)
79.
Part 10 – Administration & Enforcement
Council or an Authorised Officer may, where an owner, occupier, builder or other relevant
person has failed to comply with any requirement of this Local Law, take action
considered necessary to prevent any danger to the environment or any nuisance arising,
provided that:
(a)
Council or an Authorised Officer considers the circumstances to be sufficiently
urgent and that the time necessary, or potential difficulty in serving a Notice to
Comply may place a person, animal, property or the environment at risk or in
danger of substantial detrimental effect and;
(b)
the Chief Executive of the Council or his/her delegate not being the Council Officer
administering this Clause, approves of the proposed action; and
(c)
details of the circumstances and of the remedial action taken are as soon as
practicable forwarded to the owner, occupier, builder or other relevant person.
(2)
Action taken by Council or an Authorised Officer under this Clause shall not extend
beyond what is necessary to cause the immediate abatement or minimisation of the risk
or danger involved.
(3)
Where Council undertakes work in accordance with this section, the Council may recover
the cost of performing the work from the owner, builder, appointed agent or responsible
person.
Offences and Penalties
(1)
Where any provision in this Local Law requires that something must be done, any person
who fails to do that act may be guilty of an offence.
(2)
Where any provision in this Local Law requires that something must not be done, any
person who does that act may be guilty of an offence.
(3)
Where any provision in this Local Law requires that something must not be done
between specified hours of the day or night, during specified months of the year, or in or
at specified locations or specified parts of those locations, any person who does that act
between the hours, during the months, on the days, in or at the location or a specified
part of a location may be guilty of an offence.
(4)
Where any provision in this Local Law requires that a person obtain a Permit from
Council for the purpose of engaging in any particular activity, that person may be guilty of
an offence if that person engages in that activity without first obtaining a Permit from
Council.
(5)
Where any Permit granted under this Local Law contains conditions any person who
contravenes or fails to comply with a condition of a Permit may be guilty of an offence.
(6)
Where a provision in this Local Law requires a person to comply with requirements in a
Policy or Guidelines applied or incorporated in this Local Law a person who fails to
comply with those requirements may be guilty of an offence.
(7)
After a finding of guilt for an offence under a provision of this Local Law, any person who
continues in contravention of that provision is liable to a penalty of two (2) Penalty Units
for each day after a finding of guilt during which the contravention continues.
(8)
A person who is guilty of any offence against this Local Law, for which a specific penalty
is not prescribed by another provision under this Local Law, is liable to a penalty for that
offence not exceeding ten (10) Penalty Units for a first offence.
Mornington Peninsula Shire Council
Page 39 of 67
General Purposes Local Law – 2012
Part 10 – Administration & Enforcement
79. Offences and Penalties (Cont’d)
(9)
80.
A person who is guilty of a second or subsequent offence against the same provision in
this Local Law is liable to a penalty not exceeding twenty (20) Penalty Units.
Infringement Notices
(1)
A Local Law infringement notice must contain the information prescribed by the
Infringements Act 2006.
(2)
A person issued with an infringement notice may make a written representation to
Council, within 28 days of the issue of the infringement notice.
(3)
The Chief Executive Officer may authorise any person to consider any written
representation and any other relevant information and that person must consider any
such material brought to his or her attention.
(4)
Subject to sub-clause (1) the decision of the person authorised under sub-clause (3) on
any representation received will be final.
(5)
The Council or the Chief Executive Officer or any other person authorised for the
purpose may at any time withdraw an infringement notice either as a result of
consideration of any representation made or with a view to prosecuting for an offence.
(6)
Where an infringement notice is withdrawn, the person upon whom it was served is
entitled to a refund of any payment, which that person has made on the infringement
notice.
(7)
Any notice of withdrawal of an infringement notice may be served in accordance with
Section 234 of the Act.
(8)
In the event of the failure of a person served with an infringement notice to pay the
amount specified within 28 days of the issue of the notice or such further time as Council
or an Authorised Officer may allow, Council or an Authorised Officer may pursue the
matter by prosecuting for an offence.
(9)
The penalties fixed for Infringement Notices are set out in Schedule 4.
(10)
Any person served with a Local Law infringement notice is entitled to disregard the notice
and defend the prosecution in Court.
Mornington Peninsula Shire Council
Page 40 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 1
NOTICE TO COMPLY
To:
Name:
Address:
You have, in the opinion of Mornington Peninsula Shire Council (“the Council”) or an Authorised
Officer of the Council, committed a breach of clause …….. of the Council’s Local Law
No……………….. by
To remedy the breach you must do the following, within ……………. days from the date of this Notice:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
……………………………………………………………………………
You should contact
at the Municipal Office, between the hours of ……………………………….. for any further information
about this Notice.
If you fail to comply with this Notice you will be guilty of an offence and may be liable to a penalty of
$............. If you do not remedy the breach, the Council may carry out any required work and you may
be liable for the cost of that work in addition to the above penalty.
Date: …………………………………………………………….
Name of Authorised Officer: ………………………………………………………………………….
Telephone No: ………………………………………………………………………………………..
Signature of Authorised Officer: ……………………………………………………………………..
Note: If this Notice relates to a contravention of a permit and you do not comply with the
Notice, the permit may be cancelled. If you do not wish to have the permit cancelled you
should comply with the directions in this Notice or show cause to the Council in writing why
the permit should not be cancelled.
Mornington Peninsula Shire Council
Page 41 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 2
PLACEMENT OF COMMERCIAL ACTIVITIES ON FOOTPATHS
Mornington Peninsula Shire Council
Page 42 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 2
PLACEMENT OF COMMERCIAL ACTIVITIES ON FOOTPATHS (CONT’D)
Mornington Peninsula Shire Council
Page 43 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 2
PLACEMENT OF COMMERCIAL ACTIVITIES ON FOOTPATHS (CONT’D)
Mornington Peninsula Shire Council
Page 44 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS
Mornington Peninsula Shire Council
Page 45 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 46 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 47 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 48 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 49 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 50 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 51 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 52 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 53 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 54 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 55 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
MAPS OF SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 56 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 57 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 58 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 59 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 60 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 61 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 62 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
MAPS OF SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 63 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
MAPS OF SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 64 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 3
SHOPPING PRECINCTS (CONT’D)
Mornington Peninsula Shire Council
Page 65 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 4
REGISTER OF PENALTIES FOR ON-THE-SPOT
INFRINGEMENT NOTICES
Clause
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
26
27
28
29
30
31
32
33
34
35
36
37
Topic
Part 2
Council Owned and Managed Land and Roads
Works on Council Land or Roads
Specific Provisions Applying to Vehicle Crossings
Interfering with Roads, Council Land or Infrastructure
Behaviour on Council Land
Busking, Fundraising and Community Awareness Activities
Circuses, Carnivals, Festivals or Events
Placement of Moveable Advertising Signs on Footpaths in
Shopping Precincts
Conditions Applying to the Placement of Moveable
Advertising Signs and Moveable Real Estate Signs
Conditions Applying to the Placement of Other Signs
Placement of Street Furniture and Display of Goods on
Footpaths in Shopping Precincts
Conditions Applying to the Placement of Street Furniture or
the Display of Goods
Spoil on Roads
Clothing Recycling Bins
Obstructions on Roads and Council Land
Repair and Display of Vehicles
Toy Vehicles and Bicycles
Part 3
Requirements Applying to Land
Unsightly Land and Buildings
Dangerous Land
Trees and Plantations
Shipping Containers
Numbering Properties
Overhanging Obstructions
Heavy Vehicles
Restrictions on Selling and Displaying Aerosol Spray Paint
Shopping Trolleys and Coin Mechanisms
Camping
Use of Recreational Vehicles
Mornington Peninsula Shire Council
Penalty Unit for
on the spot
Infringement
Notice
2
2
2
2
1
2
1
1
1
1
1
2
2
2
2
1
2
2
2
1
1
2
2
1
1
1
1
Page 66 of 67
General Purposes Local Law – 2012
Schedules
SCHEDULE 4
REGISTER OF PENALTIES FOR ON-THE-SPOT
INFRINGEMENT NOTICES (CONT’D)
Clause
38
39
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
59
60
61
62
63
64
65
66
67
77
Topic
Part 4
Building Sites and Management of Drains
Regulation of Building Sites
Asbestos Removal and Transport
Maintenance of Drains
Tapping into Drains
Part 5
Animals and Birds
Keeping of Animals Generally
Responsible Breeding of Dogs and Cats
Keeping Animals
Animal Excrement
Animal Noise
Wasps and Bees
Part 6
Waste Disposal
Using Approved Garbage Bins
Recycling, Green Waste and Hard Garbage Collection
Trade Waste Bins
Bulk Rubbish Containers on Roads
Part 7
Open Air Burning, Incinerators & Chimneys
Restriction on Burning in the Open Air – land 1,500 sq metres
or below
Restriction on Burning in the Open Air – land above 1,500 sq
metres
Restriction on Burning in the Open Air – land 40,000 sq metres
or above
Nuisance Burning and Incinerators
Extinguishing Fires
General Provisions
Chimneys
Part 8
Noise Control
Unreasonable Noise Control
Audible Intruder Alarm
Part 9
Sale of Goods, Street Collection and Spruiking
Itinerant Trading
Street Collection and Distribution
Spruiking
Part 10
Administration and Enforcement
Notices to Comply
Mornington Peninsula Shire Council
Penalty Unit for
on the spot
Infringement
Notice
2
2
2
2
1
1
1
1
1
2
1
1
1
1
2
2
2
2
2
2
2
2
1
2
2
2
2
Page 67 of 67