Community Amenity Local Law 2025 by Maribyrnong City Council

COMMUNITY AMENITY LOCAL LAW 2025

This Local Law was made by resolution of Council on 21 October 2025 and commenced on 17 November 2025.

ACKNOWLEDGEMENT

Council is proud to represent a municipality filled with important and significant Aboriginal history. It acknowledges the Traditional Custodians of this land, the Kulin Nation, and acknowledges the rich culture and considerable contributions Aboriginal and Torres Strait Islander Peoples have made and continue to make to this City.

We recognise and celebrate the enduring connection of First Nations peoples to the lands, waters, and skies. We are committed to working in partnership with First Nations communities to foster a future grounded in equity, respect and shared prosperity.

ENFORCEMENT OF THIS LOCAL LAW

Council is committed to ensuring that the enforcement of this Local Law is carried out fairly and respectfully.

It is important that the community is aware that enforcement involves a range of actions, including the provision of educational messages, verbal and written warnings, infringement notices and, where necessary, prosecution.

In deciding the appropriate response to be taken, Authorised Officers who have been duly appointed by Council will consider a range of factors including; the nature and seriousness of the breach, the impact on public safety and community amenity, relevant personal circumstances and whether there is a history of non-compliance.

All enforcement actions and the exercise of Officer discretion, will be guided by the principles of natural justice, fairness and proportionality, with a focus on educating the community, achieving voluntary compliance and fostering community trust.

All Authorised Officers will be trained in line with and act in accordance with the Homelessness Protocol when engaging with people experiencing homelessness. They will take a humancentred/human rights approach to their interactions with vulnerable members of the community.

The Maribyrnong Council Homelessness Protocol can be accessed via the following link –Homelessness Protocol.

INCORPORATED BY REFERENCE

The following documents have been incorporated into and form part of the Local Law:

 Nature Strip Planting Policy 2025.

 Nature Strip Planting Guidelines 2025.

 On Street Furniture and Display Code 2012.

 Parklet Guidelines 2023

 Waste Management Policy 2019.

PART 1 - INTRODUCTION

1. Title

This Local Law is called the “Community Amenity Local Law 2025.”

2. Purpose of the Local Law

The purpose of this Local Law is to provide for:

(a) the peace, order and good government of the municipal district;

(b) a safe and healthy environment so that the community within the municipal district can enjoy a quality of life that meets its general expectations;

(d) the prevention and suppression of 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;

(e) the prohibition, regulation and control of activities which may be dangerous or unsafe or detrimental to a person's health, the amenity of the municipal district or the environment; and

(f) prescribed requirements for the administration and enforcement of the Local Law.

3. Authorising Provision

This Local Law is made under section 71 of the Local Government Act 2020 and section 42 of the Domestic Animals Act 1994

4. Commencement Date

This Local Law comes into operation on 17 November 2025.

5. Cessation Date

This Local Law ceases to operate on 17 November 2035, unless revoked earlier by Council

6. Revocation

From the commencement of this Local Law, the General Purposes Local Law 2015 previously made by Council is revoked, save that any notice or approval given, permit issued or matter or thing commenced under the repealed Local Law, is not affected

7. Application of the Local Law

(1) This Local Law applies and has operation throughout the municipal district.

(2) Nothing in this Local Law prevents any member, officer or employee of:

(a) an emergency service;

(b) a Commonwealth or State Government;

(d) the Council a contractor or agent directly engaged by the Council to undertake works or to provide a servicefrom performing any of the duties they are lawfully entitled or required to perform while engaging in those duties and any person acting accordingly is not guilty of any offence under this Local Law.

Explanatory Note

Council acknowledges that there are people in the community who are sleeping rough and acknowledges their rights. This clause is not intended to adversely affect individuals experiencing homelessness.

The Maribyrnong Homelessness Protocol provides a framework for:

 responding to people who are experiencing or at risk of homelessness;

 the provision of information for people to access housing and support; and

 improving the service coordination the network of homelessness service providers in the western region.

8. Definitions

In this Local Law, words which are not defined will adopt their ordinary meaning. Unless the contrary intention appears in this Local Law, the words identified in italics throughout this Local Law have the following meaning:

Words Meaning

Act

Means the Local Government Act 2020.

Acceptable no smoking sign Has the same meaning as in the Tobacco Act 1987.

Advertising sign

Amusement

Animal

Applicable organisation

Approved waste bin

Assistance animal

Assistance dog

Authorised Officer

Builder

Includes any placard, inflatable sign, portable electric sign, illuminated, revolving, spinning or flashing sign, flag, banner, A‐frame structure and other object or similar sign, being of a fixed or transient nature including being affixed to a vehicle, trailer, bicycle, tricycle, trolley, or other object, which:

(a) provides information about a business, industry, organisation, event or competition;

(b) is used for the purposes of notifying a sale, soliciting sales, or notifying people of the presence of another property where goods or services may be obtained; or

Means an installation of an item for the purposes of providing amusement to people, including a jumping castle, pony ride, carnival ride or inflatable device.

Carries the ordinary meaning of animal and includes a bird, dog, cat, pig, cattle, horse, sheep, goat, poultry, fish, rabbit, ferret, a reptile and an insect.

Has the same meaning as in the Domestic Animals Act 1994.

Means a garbage bin, recycling bin, green waste bin or other designated bin as outlined in the Circular Economy (Waste Reduction and Recycling) Act 2021 and Council’s Waste Management Policy.

Has the same meaning as in the Disability Discrimination Act 1992 (Cth).

Has the same meaning as in the Equal Opportunity Act 2010.

Means any person appointed by Council to be an Authorised Officer under section 224 of the Local Government Act 1989.

Means 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 works being carried out, and the person actually conducting the work and includes 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

Building works

Bulk rubbish container

Busk

Camp

Chief Executive Officer

Means any land on which building works are being, or are proposed to be, carried out.

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; or

(b) delivery and removal of goods or materials used or proposed to be used for or otherwise arising from or associated with building works

Means a bin, skip or other container used for the deposit of waste but excludes an Approved Waste Bin.

Means the sounding or playing of a musical instrument, singing, giving a recitation, or performing any conjuring, juggling, puppetry, mime, dance, footpath art or other entertainment or doing any of those things concurrently, with or without collecting money.

Has the ordinary meaning of camp and includes the use of a tent or similar structure, a caravan, camper van, mobile home, or any other moveable vehicle to provide accommodation.

Means the Chief Executive Officer of the Council, or any person acting in that position and includes a person authorised by the Chief Executive Officer to act on their behalf in relation to this Local Law.

Commercial Street

Means the On Street Furniture and Display Code 2012 Furniture Guidelines adopted by Council that may be amended from time to time by Council resolution and which is incorporated in this Local Law.

Commercial premises

Commercial zone

Means premises used primarily for commercial purposes.

Means one of the commercial zones in the Maribyrnong Planning Scheme.

Corporation Has the same meaning as in the Corporations Act 2001 Council Means the Maribyrnong City Council.

Council land

Designated material

Dilapidated

Means any land, buildings, assets, and facilities which are owned, occupied, or vested in the Council or in respect of which the Council has the care and management

Means any materials, products or substances that are accepted in an approved waste bin, trade waste bin or any other waste bin as may be determined by Council and published on Council’s website

Means in a state of ruin or disrepair due to neglect, and may include broken windows or doors, damaged roof or

Donation bin

Dwelling

Electric scooter

Emergency service

Event

E-waste

Footpath

Hard waste

Heavy vehicle

Incinerator

Industrial zone

Infringement Notice

walls, and any other damage or disrepair to a dwelling

Means a bin or similar structure used for the collection of donated goods, including used clothing

Means any building or portion of a building which is used, intended, adapted, or designed for use as a residence

Has the same meaning as in the Road Safety Road Rules 2017.

Means Victoria Police, Fire Rescue Victoria, the Country Fire Authority, Forest Fire Management Victoria, Ambulance Victoria, the State Emergency Service, and any organisation whose primary function is the provision of first aid response and any successor to any of the aforementioned organisations.

Means an organised recreational, cultural, commercial or social event or a gathering of people, and includes a procession, festival, and street party.

Means any waste item that uses a plug, battery or power cord, and includes computers, mobile phones, microwaves, power tools, televisions and light bulbs.

Has the same meaning as in the Road Safety Road Rules 2017.

Means large and bulky items that cannot be accommodated in an approved waste bin and includes, household furniture, e-waste, washing machines, dishwashers, fridges, mattresses, timber, carpets and scrap metal.

Has the same meaning as in the Heavy Vehicle National Law (Victoria).

Explanatory note

For the purposes of this Local Law, a heavy vehicle is defined as any vehicle with a gross vehicle mass or aggregate trailer mass exceeding 4.5 tonnes.

Has the same meaning as in the Country Fire Authority Act 1958.

Explanatory note:

For the purposes of this Local Law, incinerator means a structure or device which is used, or may be used, for the destruction or disposal of unwanted materials by burning.

Means one of the industrial zones in the Maribyrnong Planning Scheme.

Has the same meaning as in the Infringements Act 2006. In the open air

Has the same meaning as under section 34A of the Country Fire Authority Act 1958.

Land Includes any Council land or private land in separate or joint ownership or occupation.

Liquor

Litter

Livestock

Miniaturised motor cycle

Has the same meaning as in the Liquor Control Reform Act 1998.

Has the same meaning as in the Environment Protection Act 2017.

Has the same meaning as in the Impounding of Livestock Act 1994.

Has the same meaning as in the Road Safety Act 1986. Motor vehicle

Municipal district

Municipal place

Nature Strip

Nature Strip Planting Policy

Has the same meaning as in the Road Safety Act 1986.

Explanatory note:

The Road Safety Act 1986 defines a ‘motor vehicle’ as meaning –

A vehicle that is used or intended to be used on a highway and that is built to be propelled by a motor that forms part of the 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; or

Means the municipal district of the Council.

Means any building which is on Council land and includes a public library and any recreation centre which is owned, occupied or under the management or control of Council.

Means land vested in Council located between a private property boundary of land and the kerb but excludes a footpath and vehicle crossover where one exists.

Means the Nature Strip Planting Policy and and Nature Strip Planting Nature Strip Planting Guidelines

Guidelines adopted by Council on 21 October 2025 that may be amended by Council resolution, and which are incorporated in this Local Law.

Nuisance Includes any behaviour or condition which is dangerous to health, offensive or injurious to personal comfort.

Noxious weeds

Occupier

Has the same meaning as in the Catchment and Land Protection Act 1994.

Means the person in charge or having the management or control of the land and includes the owner of the land, a lessee and a licensee of the land.

Operator

Owner

Parking permit

Parklet Guidelines

Penalty unit

Permit

Person

Planning Scheme

Policy

Means the person who was driving or in charge of the vehicle at the time when it was involved in the commission of a relevant offence under this Local Law

In relation to a building, means the owner of land on which the building is situated;

In relation to a motor vehicle means -

(a) The registered owner of the motor vehicle; or

(b) A person who has possession of the motor vehicle

Explanatory note:

For the meaning of ‘owner’ in relation to land see section 3(1) of the Local Government Act 2020, which means –

The person who is entitled to receive the rack-rent for the land or who, if the land were let at a rack-rent, would be entitled to receive the rent.

Means a tradesperson parking permit, resident parking permit or a visitors parking permit issued by Council in accordance with a parking scheme established pursuant to Schedule 11 of the Local Government Act 1989.

Means the Parklet Guidelines adopted by Council on 15 November 2022 that may be amended by Council resolution and which are incorporated in this Local Law.

Has the same meaning as in the Sentencing Act 1991.

Explanatory note:

For the purposes of this Local Law, section 110 of the Sentencing Act 1991 defines ‘penalty units’ to mean –

A number of dollars equal to the product obtained by multiplying the number of penalty units by the amount fixed from time to time by the Treasurer under section 5(3) of the Monetary Units Act 2004.

Means a permit in writing issued by Council for the purpose of the particular provision in this Local Law which the term is used.

Includes a natural person, a corporation, an association incorporated under the Associations Incorporation Reform Act 2012, a partnership, an unincorporated association and a public statutory corporation constituted by or under any law of the State of Victoria, any other State or Territory of the Commonwealth or the Commonwealth.

Means the Maribyrnong Planning Scheme.

A policy applied by Council for the purpose of the particular provision in which the term is used.

Power-assisted pedal cycle

Has the same meaning as in the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 determined under section 7 of the Motor Vehicle Standards Act 1989.

Poultry Includes ducks, chickens, geese, peacocks, pheasants, turkeys, and guinea fowl.

Premises

Public place

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.

Has the same meaning as in the Summary Offences Act 1966.

Explanatory note:

The Summary Offences Act 1966 defines public place as follows -

‘public place’ includes and applies to:

(a) any public highway road street bridge footway footpath court alley passage or thoroughfare notwithstanding that it may be formed on private property;

(b) any park garden reserve or other place of public recreation or resort;

(d) any wharf pier or jetty;

(e) any passenger ship or boat plying for hire;

(f) any public vehicle plying for hire;

(g) any church or chapel open to the public or any other building where divine service is being publicly held;

(h) any state school or the land or premises in connexion therewith;

(i) any public hall theatre or room while members of the public are in attendance at, or are assembling for or departing from, a public entertainment or meeting therein;

(j) any market;

(k) any auction room or mart or place while a sale by auction is there proceeding;

(l) any licensed premises or authorised premises within the meaning of the Liquor Control Reform Act 1998;

(m)any race-course cricket ground football ground or other such place while members of the public are present or are permitted to have access thereto whether with or without payment for admission;

(n) any place of public resort;

(o) any open place to which the public whether upon or

Recreational vehicle

without payment for admittance have or are permitted to have access; or any public place within the meaning of the words ‘public place’ whether by virtue of this Act or otherwise.

Means any miniaturised motor cycle, trail bike, motor cycle, motor scooter, go-cart, four-wheel drive vehicle or other vehicle propelled by a motor, which can be used for recreational purposes, but does not include:

(a) a motorised wheelchair;

(b) a power-assisted pedal cycle that meets the legislative requirements;

(d) a caravan, mobile home or camper van.

Reserve Means Council land which is dedicated or used for outdoor cultural, environmental, sporting, or recreational purposes and includes sporting reserves, bushland reserves, wetlands, parks and gardens and other like spaces.

Residential zone

Retailer

Road

Sell or sold

Means one of the residential zones in the Maribyrnong Planning Scheme.

Means a person who sells goods by retail and who provides trolleys to customers.

Has the same meaning as in the Local Government Act 1989.

Explanatory note:

In section 3 of the Local Government Act 1989 ‘road’ is defined as follows:

‘road’ includes:

(i)a street; and (ii)a right of way; and

(iii)any land reserved or proclaimed as a street or road under the Crown Land (Reserves) Act 1978 or the Land Act 1958; and (iv)a passage; and (v)a cul-de-sac; and (vi)a by-pass; and (vii)a bridge or ford; and (viii)a footpath, bicycle path or nature strip; and (ix)any culvert or kerbing or other land or works forming part of the road.’

Includes to:

(a) sell by means of any machine, electronic device, or mechanical device;

Smoke

Smoke free area

Street furniture

Street litter bin

Tobacco product

Toy vehicle

Trade waste

Trade waste bin

Trail bike

Tree protection zone

(b) hire;

(d) offer or expose or display for sale or hire;

(e) advertise for sale or hire;

(f) keep or have in possession for sale or hire; or

(g) agree to, direct, cause or attempt to sell or hire.

Has the same meaning as in the Tobacco Act 1987.

Means any area prescribed by Council to be a smoke free area for the purposes of this Local Law.

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.

Means a receptacle provided by Council in a public place to receive packaging, papers and other litter arising during the occupation or use of the public place by any person.

Includes an e-cigarette; and both tobacco product and ecigarette have the same meaning as in the Tobacco Act 1987

Includes:

(a) a vehicle designed to be propelled by human power or electrical power and includes a scooter, skateboard, roller skates, roller blades and like toys; and

(b) a remote control vehicle.

Means any waste, refuse, slops, or other matter arising from or generated by any trade, industry, or commercial undertaking.

Means a purpose-built container for the deposit of trade or commercial waste.

Means a motorcycle for use on rough terrain.

Means a circular area below the tree extending at equal distances from the tree base in all directions, the radius of which is 12 times the trunk circumference measured at 1.4 m above its base.

Unreasonable noise

Urban zone

Has the same meaning as in the Environment Protection Act 2017.

Includes a residential zone, commercial zone and industrial zone.

Use In relation to a vehicle means park, ride or drive.

Utility

Has the same meaning as in the Road Management Act 2004.

Vehicle Has the same meaning as in the Road Safety Act 1986.

Vermin Includes rodents, cockroaches, bedbugs, flies, lice, mosquitoes, termites, European wasps, and parasitic worms.

Visitor

Means a person visiting the place of residence of the holder of the visitors parking permit.

Waste Management Policy Means the Waste Management Policy adopted by Council on 10 December 2019 as may be amended by Council resolution and which is incorporated in this Local Law.

Works

Includes:

(a) building, excavating, digging holes, compacting and landscaping;

(b) erecting fencing, hoarding and scaffolding;

(d) constructing, removing, or altering a vehicle crossing; and

(e) installing fences, barriers or other items that restricts access to or movement on a road.

PART 2: YOUR PROPERTY

9. Unsightly Land

(1) An owner or occupier of land must not keep or allow another person to keep that land in a manner which is:

(a) unsightly; or

(b) detrimental to the general amenity of the neighbourhood in which it is located.

(2) Without limiting the generality of sub-clause (1), land may be unsightly or detrimental to the general amenity of the neighbourhood in which it is located by the presence of:

(a) disused excavation;

(b) a building which is incomplete and does not have a current building permit;

(d) dead, diseased or dying vegetation;

(e) growth of vegetation and undergrowth exceeding a height of 20 centimetres;

(f) vermin or noxious weeds;

(g) second-hand materials, scrap metal, building materials or building refuse;

(h) unused advertising billboard structures;

(i) derelict vehicles and machinery, or vehicle or machinery parts; or

(j) graffiti on exterior walls of buildings or fences.

(3) An owner or occupier of land must not allow any grass or weeds on that land to exceed 20 centimetres in height.

10. Dilapidated Buildings

(1) An owner or occupier of land must:

(a) not allow a building on the land to become dilapidated or further dilapidated;

(b) take all reasonable steps to secure any building located on the land from unauthorised access; and

(c) maintain any building located on the land in a state of good repair, including undertaking temporary repairs as required to ensure on-site safety and security.

(2) For the purposes of sub-clause (1), a building is dilapidated if it is in a state of disrepair or has deteriorated or fallen into a state of partial ruin as a result of age, neglect, poor maintenance, misuse or has become damaged or defaced.

Explanatory note:

For the purposes of this clause, ‘building’ includes buildings of heritage significance as identified by the Planning Scheme.

11. Dangerous Land

(1) An owner or occupier of land must not keep or allow another person to keep that land in a manner which is dangerous or likely to cause danger to health, life or property

(2) An owner or occupier of land must not, without a permit, store any matter, hazardous substance or thing which is dangerous or likely to cause danger to health, life or property on that land

12. Overhanging Obstructions or Vegetation

An owner or occupier of land must not permit any thing, including vegetation, located on the land to:

(a) overhang a road, public place or Council land at a height of less than 3 metres from the surface of the road, public place or Council land;

(b) overhang the boundary of the land so as to obstruct the clear view of a pedestrian or the driver of any vehicle approaching the intersection or travelling along the road abutting the land;

(d) obscure, interfere with, or cause damage to streetlights, street signs, street furniture or a traffic control device;

(e) interfere with or cause damage to any fixture or other structure on a road, public place or Council land; or

(f) otherwise prejudice the safe and convenient use of any road, public place or Council land by pedestrians or drivers.

13. Donation Bins on Private Land

An owner or occupier of private land must not, or must not allow another person to keep, store, place or repair a donation bin on that land without a permit

14. Vehicles on Private Land

(1) An owner or occupier must not, without a permit, keep, park, store, repair or allow another person to keep, park, store or repair:

(a) a vehicle over 7 5 metres in length (including any trailer and fittings); or

(b) a heavy vehicleon private land in a residential zone

(2) Sub-clause (1) does not apply to:

(a) a vehicle that is parked, kept, stored or repaired for less than one hour, or when the driver is picking up or setting down goods;

(b) one caravan or one boat being stored on private land by the owner or occupier of that land; or

15. Camping on Private Land

(1) A person must not camp on vacant private land.

(2) A person may camp on private land where there is an existing dwelling for a cumulative period of not more than six months in any twelve 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 land.

(3) A person must not, without a permit, camp on private land in excess of the period prescribed in sub-clause (2) unless permitted under the Planning Scheme.

16. Property Numbers

(1) An owner or occupier of land must not number or display a number in respect of that land unless the number has been allocated to or approved for use by Council.

(2) If Council has allocated a number to the land or approved the use of a number for the land, the owner or occupier of the land must ensure:

(a) the land is marked with the number allocated to or approved for use by Council; and

(b) the number is of sufficient size, free from obstructions and kept in such a state of repair that it can be clearly read under normal lighting conditions from the road immediately adjacent to the front boundary of the land.

17. Audible Intruder Alarm

A person must not, on any property 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 Australian Standard AS/ ISO 7240.3, or an equivalent Australian Standard at the time.

18. Lighting

An owner or occupier of land, must not cause or allow to be caused, in the opinion of Council or an Authorised Officer, a light on that land to be a nuisance to any other person.

19. Recreational Vehicles on Private Land

A person must not, without a permit, drive, ride or use, or cause or allow to be driven, ridden or used any recreational vehicle on private land.

20. Incinerators, Fires and Open Air Burning

(1) A person must not light or allow any fire to be lit in the open air or in an incinerator on any land.

(2) Sub-clause (1) does not apply to:

(a) a barbeque, pizza oven or other properly constructed appliance while it is being used for cooking food;

(b) a fire in a brazier, fire pit or chimenea while it is being used for heating;

(d) an Elder or chosen Aboriginal person undertaking a welcome to country or a sorry business healing ceremony.

(3) For the purpose of sub-clause (2) a person must not light or allow any fire to be lit that results in emissions of smoke or odour (other than normal odour of food cooking) to enter any neighbouring property, that in the opinion of an Authorised Officer is offensive.

21. Direction to Extinguish Fires

(1) An owner or occupier of land who has lit or allowed a fire to remain alight contrary to the provisions of this Local Law, must extinguish the fire immediately on being directed to do so by:

(a) an Authorised Officer; or

(b) a member of Victoria Police, the Country Fire Authority or Fire Rescue Victoria.

PART 3: PETS AND ANIMALS

22. Permitted Quantity of Animals

(1) The limitations and restrictions in this Part do not apply to the keeping of any animals permitted under the Planning Scheme, or for which a planning permit is required under the Planning Scheme and has been issued for such keeping.

(2) An owner or occupier of any land must not, without a permit, keep or allow to be kept on that land in excess of the number of animals stated in the following table:

(3) Notwithstanding sub-clauses (1) and (2), if the above Table specifies the number is nought (0) for any type of animal on that land, the keeping of that type of animal on that land is prohibited and a permit cannot be granted.

(4) The Council or an Authorised Officer may exempt any person or class of persons from the application of sub-clauses (1), (2) or (3).

(5) Notwithstanding sub-clauses (1), (2) and (3), a person is allowed to keep an assistance dog or assistance animal on land, provided that the assistance dog or assistance animal is registered with Council or an appropriate body or applicable organisation, if required under legislation.

1 For the purposes of calculating the maximum number of dogs and cats allowed to be kept on land, the offspring of any dog or cat lawfully kept on the land is not to be counted for twelve weeks after their birth An assistance dog or assistance animal is included in the total number of animals allowed, except where the number of nought (0) is specified in the Table.

23. Keeping of Animals

(1) An owner or occupier of land must ensure that any part of the land used for keeping an animal is:

(a) maintained in a clean, inoffensive and sanitary condition and does not cause a nuisance to any other person;

(b) kept to the satisfaction of Council or an Authorised Officer; and

(c) adequately fenced and the fence maintained to the satisfaction of Council or an Authorised Officer, so that any animal kept on the land cannot escape from that land.

(2) An owner or occupier of any land on which an animal is kept must ensure that:

(a) any structure on the land which houses an animal is located so the animal may not cause a nuisance to any person;

(b) the land surrounding the place where the animal is kept is free from rubbish or vegetation that could attract or harbour vermin;

(c) all animal food for consumption kept or stored on the land is kept or stored in a vermin and fly proof receptacle; and

(d) all animal waste is removed from the land so as not to be offensive or a nuisance to any other person.

24. Animal Waste

(1) A person in charge of an animal must not allow any part of the animal’s waste to remain on any road, Council land or public place and must immediately collect and properly dispose of the waste.

(2) A person in charge of an animal on any road, Council land or public place must carry a bag or other receptacle to collect and properly dispose of waste from that animal.

(3) A person in charge of an animal on any road, Council land or public place must produce a bag or other receptacle to collect and properly dispose of waste from that animal at the request of an Authorised Officer

25. Animal Noise

An owner or occupier of any land must not allow an animal kept on that land to emit unreasonable noise.

Explanatory note:

Noise created by barking dogs which may cause a nuisance is enforced and administered by Council under the Domestic Animals Act 1994.

26. Feeding of Animals

(1) If an Authorised Officer is of the opinion that the feeding of an uncaged animal by a person is causing a nuisance or may damage property, the Authorised Officer may direct the person to cease feeding the animal.

(2) A person to whom a direction is given under sub-clause (1) must comply with that direction.

27. Wasps and Bees

(1) An owner or occupier of land must ensure that any European wasps on the land are destroyed.

(2) An owner or occupier of land must ensure that any honeybees that have a hive or are swarming on the land are removed from the land unless:

(a) the hive is registered in accordance with the Apiary Code of Practice 2011; and (b) where a permit is required under the Planning Scheme, a permit has been issued for such keeping.

PART 4: COUNCIL LAND, ROADS AND PUBLIC PLACES

Division 1: Behaviour

28. Behaviour on Roads and Council Land

A person must not:

(a) act in a manner that is likely to interfere with the reasonable use and enjoyment of a road or Council land by other persons;

(b) create a nuisance on a road or Council land;

(d) act in a manner which endangers any other person on a road or Council land;

(e) on a road or Council land, defecate except in a toilet or urinate except in a toilet or urinal;

(f) act contrary to any restriction, prohibition or direction contained on a sign on a road or Council land;

(g) use or interfere with any lifesaving or emergency device located on a road or Council land, unless using the device in an emergency or participating in instruction or maintenance approved by Council;

(h) damage, destroy, deface, remove or interfere with anything in or on any building, improvement or other structure of any kind on a road or Council land;

(i) organise, conduct, or hold any function or event on a road or Council land without the written consent of Council or an Authorised Officer;

(j) erect, operate or cause to be erected or operated any amusement, without a permit, on a road or Council land;

(k) obstruct, hinder, or interfere with a Council staff member in the performance of their duties on a road or Council land;

(l) act contrary to any reasonable direction of an Authorised Officer or Council staff member given on a road or Council land, including, without limitation, a direction to leave the road or Council land, whether or not a fee for admission has been paid; or

(m) remain on a road or Council land after being directed to leave by an Authorised Officer or a Council staff member.

Explanatory Note

The Maribyrnong Homelessness Protocol provides a framework for:

 responding to people who are experiencing or at risk of homelessness;

 the provision of information for people to access housing and support; and

 improving the service coordination the network of homelessness service providers in the western region.

29. Access to a Municipal Place

(1) The Council, an Authorised Officer or a Council staff member may determine the hours when any municipal place will be open to the public.

(2) A person must not, without the consent of Council or an Authorised Officer or a Council staff member:

(a) act contrary to any conditions of entry or membership applicable to a municipal place;

(b) enter or remain in a municipal place after being directed to leave by an Authorised Officer or a Council staff member;

(d) bring any animal into, or allow any animal under their control to remain in a municipal place, except for an assistance dog being used by that person; or

(e) bring any vehicle or toy vehicle into a municipal place, except for:

(i) a pram or pusher being used by a child; or

(ii) a wheelchair being used by a physically disabled person.

(3) A person must not remain in a municipal place while under the influence of alcohol or any prohibited drug.

(4) A person must not act contrary to any reasonable direction of an Authorised Officer or a Council staff member given in or on a municipal place

30. Tree and Vegetation Protection on Council Land

(1) A person must not on Council land, a road or a public place, without a permit:

(a) destroy, damage, remove, lop or otherwise interfere with any vegetation or engage, allow, authorise or direct any person to destroy, damage, remove, lop or otherwise interfere with vegetation; or

(b) carry out any works within the tree protection zone of a tree or engage, allow, authorise or direct any other person to undertake such works.

(2) Sub-clause (1) does not apply to:

(a) a person authorised by Council to undertake any such works;

(b) a person acting in accordance with an instruction or direction from an Authorised Officer; or

(3) A person must not, without a permit or the written consent of Council, an Authorised Officer or a Council staff member, plant any vegetation on Council land, a road or a public place except in accordance with the Nature Strip Planting Policy and Guidelines.

31. Nature Strip Planting

(1) A person must comply with the Nature Strip Planting Policy and the Nature Strip Planting Guidelines when carrying out any of the following activities on a nature strip -

(a) landscaping;

(b) planting any vegetation; or

(2) Sub-clause (1) does not apply to the works or activities of a utility, or the placement of items for waste collection in accordance with Council’s Waste Management Policy.

32. Smoking in a Smoke Free Area

(1) Council may designate any Council land or road to be a smoke free area and may prescribe times and dates during which a person must not smoke in such an area.

(2) Any designation of areas, times and dates under sub-clause (1) must be published by Council by giving public notice at least 14 days before the restrictions are to be introduced by:

(a) giving notice in multiple media streams, including where appropriate in a newspaper generally circulating throughout Victoria and on Council’s website; and

(b) posting notices on a publicly accessible notice board at the principal, municipal office of Council

(3) A person must not smoke a tobacco product in a smoke free area

(4) Where an Authorised Officer believes on reasonable grounds that a person is contravening or has contravened sub-clause (3), the Authorised Officer may direct the person to extinguish and then dispose of the tobacco product.

(5) A person to whom a direction is given under sub-clause (4) must comply with that direction.

(6) The Council or an Authorised Officer may erect, or cause to be erected, an acceptable no smoking sign in a smoke free area.

33. Smoking on Council Land

(1) A person must not smoke:

(a) inside a building on Council land; or

(b) on Council land within ten metres of the entrance to a building owned, occupied, or vested in Council or in respect of which Council has the care and management thereof.

(2) Where an Authorised Officer believes on reasonable grounds that a person is contravening or has contravened sub-clause (1), the Authorised Officer may direct the person to extinguish and then dispose of the tobacco product

(3) A person to whom a direction is given under sub-clause (2) must comply with that direction.

(4) Council or an Authorised Officer may erect, or cause to be erected, an acceptable no smoking sign on Council land.

34. Consumption and Possession of Liquor

(1) Council may declare certain parts of the municipal district where the consumption of liquor or the possession of liquor is restricted

(2) A declaration made by Council will not have force or effect unless signs advising of the declaration are erected in the relevant area of the municipal district

(3) A person must not:

(a) consume any liquor; or

(b) have in their possession or control, any liquor other than in a sealed containerin parts of the municipal district where Council has declared that the consumption of liquor or possession of open containers of liquor is restricted

(4) This clause does not apply to a person who consumes liquor in a licenced premises or authorised premises or any other place where the consumption of any liquor or the possession of liquor in an unsealed container is permitted under the Liquor Control Reform Act 1998.

(5) If an Authorised Officer believes on reasonable grounds that a person is contravening or has contravened sub-clause (3), the Authorised Officer may direct the person to seal any container or dispose of the contents of any unsealed container.

(6) A person to whom a direction is given under sub-clause (5) must comply with that direction.

35. Council Sign

A person must comply with any sign erected or installed by or on behalf of Council on a road or on Council land

36. Activities in or on a Reserve

A person must not, without a permit, in or on any reserve:

(a) use, ride, drive or park a vehicle, except on a signed or dedicated path or laneway reserved for such a vehicle;

(b) play, engage in or practise any game or sport, whether or not in accordance with a permit issued under this Local Law, in a manner that is:

(i) dangerous to any other person; or

(ii) likely to interfere with the reasonable use or enjoyment of any other person;

(d) conduct any fitness training or health and wellbeing activity for commercial purposes; or

(e) play, organise or engage in any organised competitive sport or game, unless authorised to do so under an appropriate licence agreement or with the written consent of the Council, an Authorised Officer or a Council staff member

37. Camping on a Road or Council Land

A person must not, without a permit, camp in or on any Council land or road.

Explanatory note:

The Maribyrnong Homelessness Protocol provides a framework for:

o responding to people who are experiencing or at risk of homelessness;

o the provision of information for people to access housing and support; and

o improving the service coordination the network of homelessness service providers in the western region.

38. Restrictions on Burning in the Open Air in Public Places and on Council Land

A person must not, without a permit, light or allow to be lit, a fire in the open air on:

(a) a road;

(b) Council land including a reserve;

(d) any public placeunless it is authorised by signs placed on the land by Council.

39. Shipping Containers on Council Land

A person must not, without a permit, store, keep or place a shipping container on any Council land.

Division 2: Vehicles

40. Repair of Vehicles

A person must not, without a permit, paint or carry out any repairs or maintenance to a vehicle on a road, nature strip, Council land or public place, other than to enable it to be moved.

41. Display of Vehicles

(1) A person must not, without a permit, display a vehicle for sale or hire on a road or Council land or a public place

(2) Council may grant an exemption from sub-clause (1) to a person conducting a business for the sale or hire of vehicles

42. Heavy Vehicles on Council Land or Roads

(1) A person must not, without a permit, drive or cause to be driven a heavy vehicle on a road or Council land in an area designated by Council to be a prohibited or restricted place for the purposes of this clause.

(2) The Council or an Authorised Officer may erect, or cause to be erected, signage indicating prohibitions or restrictions on the use of a road by heavy vehicles

43. Abandoned, Derelict and Unregistered Vehicles

(1) A person must not park or store an abandoned, derelict, or unregistered vehicle or cause or allow such a vehicle to be parked or stored on a road or Council land

(2) Any vehicle found on a road or Council land that is considered by an Authorised Officer to be abandoned, derelict or unregistered may be dealt with under the provisions of Schedule 11 of the Local Government Act 1989.

44. Toy Vehicles and Bicycles

A person must not, on a road or Council land:

(a) use, place, leave or allow another person to 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 road or Council land; or

(b) use or allow another person to use a toy vehicle in an area designated by Council to be a prohibited place for the purposes of this clause.

45. Use of Recreational Vehicles in a Public Place

A person must not without a permit, in a public place, ride or cause or allow to be ridden any recreational vehicle, except where the use is authorised by signs placed on the land by Council or is permitted under an Act or Regulation.

PART 5: BUSINESSES AND TRADE

46. Advertising Signage

A person must not, without a permit or an appropriate license agreement with Council, place or allow to be placed an advertising sign on a road or Council land.

47. Street Furniture and Display of Goods

(1) A person must not, without a permit or an appropriate license agreement with Council, place or allow to be placed street furniture or display goods on a road or Council land.

(2) A person must, in addition to sub-clause (1), comply with any permit conditions and additional requirements outlined in Council’s:

(a) On Street Furniture and Display Code; and (b) Parklets Guidelines.

(3) Notwithstanding sub-clauses (1) and (2), a person is exempt from applying for a permit or from obtaining an appropriate license agreement to place or allow to be placed street furniture or display goods on a road or Council land if permitted to do so under Council’s:

(a) On Street Furniture and Display Code; or

(b) Parklets Guidelines.

48. Trading Activities

(1) A person must not, without a permit, sell, cause or allow another person to sell, from or on a road or Council land:

(a) any goods or services from a vehicle, animal, stall, or other like structure; or (b) any goods or services carried on the person

(2) A person must not, without a permit, sell goods or solicit or try to attract trade or business on vacant land or land which they do not ordinarily occupy.

49. Street Collection and Distribution

A person must not, without a permit, solicit, distribute, or collect any gifts, monies, pamphlets, flyers or subscriptions from a road or Council land.

50. 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

51. Busking, Fundraising and Community Awareness Activities

A person must not, without a permit, busk, fundraise or conduct a community awareness activity on a road or Council land.

52. Commercial Filming

A person must not, without a permit, conduct or allow any filming for commercial purposes on a road or Council land

53. Circuses, Carnivals, Festivals or Events

A person must not, without a permit, or with the written consent of Council or an Authorised Officer, hold or allow to be held a circus, carnival, festival, or event on Council land.

54. Donation Bins on Council Land

(1) A person must not, without a permit, place a donation bin on a road, Council land or in a public place.

(2) A person or holder of a permit permitted to place a donation bin on a road, Council land or in a public place, must not allow items to remain outside the confines of the donation bin.

55. Shopping Trolleys

(1) A person must not leave a shopping trolley on a road, Council land or vacant land, except in an area designated by Council for the return of shopping trolleys.

(2) A retailer who provides shopping trolleys intended for the use of customers must ensure that their name and trading name are clearly marked on the shopping trolleys.

(3) A retailer who provides shopping trolleys intended for the use of customers must ensure that each shopping trolley has a coin or token operated lock or perimeter constraint system attached to it.

(4) Sub-clause (3) does not apply to a retailer who has less than ten shopping trolleys available for the use of customers

(5) A retailer must ensure that shopping trolleys left outside of their premises when the business is closed are secured so as to prevent any shopping trolley being used.

(6) If a shopping trolley has been left on a road, vacant land or Council land, an Authorised Officer may direct the retailer who provides the shopping trolley, or the person in charge of the retail premises from which it has been transported, to remove the shopping trolley.

(7) A person to whom a direction is given under sub-clause (6) must comply with that direction.

(8) Council or an Authorised Officer or a person engaged by Council for this purpose may, on behalf of Council, seize and impound any shopping trolley which has been left on a road, vacant land or on Council land in contravention of this Local Law.

PART 6: WASTE MANAGEMENT

Nothing in this part permits a person to act in contravention to the Circular Economy (Waste Reduction and Recycling) Act 2021.

56. Domestic Waste

(1) An owner or occupier of land must comply with any permit conditions and additional requirements in Council’s Waste Management Policy

(2) Domestic waste material from any land must only be placed out for collection on such days and at such times as are prescribed by the Council.

(3) The Council or an Authorised Officer may determine under this clause whether an approved waste bin is to be used for the deposit of waste by the owner or occupier of land, and the owner or occupier of the land must comply with any such determination.

(4) An owner or occupier of land must ensure that:

(a) only designated material generated at the land are placed in the approved waste bin, in accordance with Council’s Waste Management Policy;

(b) all approved waste bins are placed for collection on the nature strip or footpath adjacent, and as close as practicable, to the roadside so as not to cause any obstruction or danger to any person, or in any other manner directed by Council or an Authorised Officer for the purposes of this clause;

(c) any one approved waste bin placed out for collection does not exceed the maximum gross weight determined by Council or an Authorised Officer for the purposes of this clause;

(d) all approved waste bins placed out for collection are capable of being closed, and are closed, to prevent anything placed in the bins from escaping;

(e) empty approved waste bins are returned to the owner or occupier’s land as soon as practicable, and no later than 1 day after collection;

(f) any waste which has spilled onto the road, nature strip or surrounding area during collection is removed;

(g) all approved waste bins are maintained and kept:

(i) in good order; and

(ii) in a clean, sanitary, pest and odour-free condition; and

(h) the site on which an approved waste bin is located and the location where it is placed for collection is maintained in a clean, inoffensive, pest-free and sanitary condition.

(5) An owner or occupier of land must not deposit in any approved waste bin:

(a) anything other than designated material;

(b) any items which are likely to damage the approved waste bin or the collection vehicle; or

(6) An owner or occupier of land must:

(a) upon being directed to do so by Council or an Authorised Officer, remove or cause to be removed from the approved waste bin any material deposited or caused to be deposited in contravention of sub-clause (5);

(b) immediately notify Council if their approved waste bin develops a defect, is destroyed or damaged, or is lost or stolen;

(c) not damage, alter, compromise, deface or interfere with any approved waste bin or cause or allow an approved waste bin to be damaged, altered, compromised, defaced or interfered with; and

(d) not deposit any waste generated at the land into a street litter bin, unless authorised to do so by Council or an Authorised Officer

(7) An owner or occupier of land must store an approved waste bin:

(a) on the land to which it has been allocated; or

(b) in an area designated by Council for the purpose of storing approved waste bins

57. Hard Waste Collection

(1) A person must not place, cause or allow to be placed, any thing (other than an approved waste bin) on a nature strip or other part of a road, except for the purposes of a hard waste collection service provided by Council

(2) A person must not, without the consent of the owner or occupier who placed a thing on a nature strip or other part of a road for the purpose of a hard waste collection service, or the consent of Council or an Authorised Officer, add any thing to, or remove or interfere with any thing left for collection under sub-clause (1).

(3) A person must only place hard waste for collection in accordance with Council’s Waste Management Policy or as directed by an Authorised Officer.

(4) A person must not place, cause or allow to be placed, hard waste for collection on a nature strip or other part of a road more than two days prior to the:

(a) booked collection date; or

(b) advertised commencement date of a hard waste collection for the land where the hard waste is placed.

58. Trade and Commercial Waste

(1) A person must only place trade waste for collection in accordance with Council’s Waste Management Policy.

(2) A person must not, without a permit, store or allow to be stored any bin, hopper or trade waste bin on Council land, a nature strip or other part of a road.

(3) Council may designate any Council land or road for the purpose of storing trade waste bins.

(4) Trade waste from any land must only be collected on such days and at such times as are designated by Council.

(5) The owner or occupier of a commercial premises must comply with clauses 56 and 57.

59.

(6) Notwithstanding clause 56(4)(e) a person must not place a trade waste bin from a commercial premises out for collection on Council land a nature strip or other part of a road prior to 4.00pm the day prior to collection and must return that bin to the premises by 10.00am on the day of collection.

(7) A person who places a trade waste bin on Council land, a nature strip or other part of a road, to be emptied must ensure that it does not cause any obstruction or danger to any person.

(8) A person who has placed a trade waste bin on Council land, a nature strip or other part of a road, must repair any damage to the Council land, nature strip or road or any works in the road, including a vehicle crossing, that results from placing the trade waste bin on the Council land, nature strip or road or emptying it.

(9) The owner or occupier of a commercial premises must: ensure that a trade waste bin provided for the storage of trade waste is:

(a) constructed of impervious materials, watertight and pest proof;

(b) regularly emptied to prevents the contents from becoming offensive;

(d) adequately constructed, located or secured in such a way as to deny access to the public;

(e) clearly labelled with ownership details; and

(f) kept in accordance with Council’s Waste Management Policy.

(10) A person must not place any waste generated at a commercial premises into a street litter bin.

Bulk Rubbish Containers

A person must not, without a permit, place a bulk rubbish container on a road or Council land.

PART 7: COUNCIL ASSET PROTECTION AND BUILDING SITE AMENITY

Division 1: Council Asset Protection

60. Asset Protection Permits

(1) An owner, occupier of land or builder must obtain an Asset Protection Permit prior to the commencement of building works on a building site

(2) A person to whom an Asset Protection Permit has been issued must comply with all conditions and requirements of the Asset Protection Permit.

(3) An owner, occupier of land or builder must not, without an Asset Protection Permit, cause or allow:

(a) entry to the building site with a motor vehicle that has a gross weight exceeding two tonnes;

(b) a road to be occupied for the carrying out of any works in association with the building works or building site;

(d) the opening, alteration or repair of a drain vested in Council’s control in association with the building works or building site;

(e) vehicular access to the building site from a point other than a vehicle crossing; or

(f) the use of any land adjoining or within proximity of the building site for the purpose of storing materials or equipment associated with the building works or building site

(4) An application for an Asset Protection Permit must:

(a) be accompanied by such fee as is fixed by Council;

(b) include a statement from the person in charge of the building works about the location and the extent of any pre-existing damage to public infrastructure assets adjacent to the building site; and

(5) Council may exempt an owner, occupier of land or builder from one or more of the obligations imposed by sub-clauses (1) to (3) subject to such conditions it considers appropriate.

(6) An owner, occupier of land or builder must repair to the satisfaction of Council or an Authorised Officer, roads, road reserves, channels, drains, vehicle crossings or any other asset owned or vested in Council, which has been damaged, altered, compromised or interfered with in connection with the building site for which an Asset Protection Permit has been obtained.

(7) Council or an Authorised Officer may approve the carrying out of work by another person, or carry out the work itself where:

(a) damage, alteration, compromise or interference has occurred to a Council asset as a result of building works; or

(b) there is a danger to life, safety, property, or the environment.

(8) Where work under sub-clause (7) is carried out by Council or another person on behalf of Council, Council may recover the cost of the work from the owner, occupier of land or builder.

(9) For the purposes of sub-clause (7), Council or an Authorised Officer may determine the reasonable cost of conducting repairs to Council assets.

61. Requirement for a Bond

(1) If in the opinion of Council or an Authorised Officer, it is likely that any Council asset may be damaged, altered, compromised or interfered with in the course of any building works for which an Asset Protection Permit has been issued, the owner, occupier of land or builder 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, alteration, compromise or interference that is likely to be caused.

(3) 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, alteration, compromise or interference which an owner or occupier of land or the builder has failed to repair in accordance with their obligations under clause 60

(4) Council must refund any bond, or part of a bond, paid to it under sub-clause (1) if Council or an Authorised Officer is satisfied that:

(a) there has been no damage, alteration, compromise or interference to Council assets as a consequence of the building works; or

(b) any such damage, alteration, compromise or interference has been repaired in accordance with clause 61.

62. Works on Council Land or Roads

(1) A person, other than a utility, must not, without a permit, undertake works in, on, under or over a road or Council land or allow another person to do so.

(2) In granting a permit under sub-clause (1), Council may require the person who undertakes the works in, on, under or over the road or Council land to:

(a) pay a bond proportionate to the estimated cost of repairing any damage to the road or Council land; and

(b) take such precautions during and before the works to protect the safety of the public as Council may require and to Council’s satisfaction.

(3) 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 Council to offset the cost of repairing the damage.

63. Vehicle Crossings

(1) An owner or occupier of land must ensure that each point of vehicular access from a road to the land has an appropriately constructed vehicle crossing, which is suitable for the adjacent land use, approved by an Authorised Officer.

(2) An owner or occupier of land must not access or allow any person to access the land by vehicle other than over a Council approved vehicle crossing.

(3) A person must not, without a permit, construct, remove or relocate or alter a vehicle crossing.

(4) The Council or an Authorised Officer may by notice in writing to the owner or occupier of land, require the construction of a permanent or temporary vehicle crossing to any land with the full cost of such construction works to be borne by the owner or occupier of the land

(5) A vehicle crossing must be constructed and sited to the satisfaction of Council or an Authorised Officer

(6) If Council or an Authorised Officer has required the owner or occupier of land on which building works are to occur to construct a vehicle crossing under sub-clause (4), building works must not commence until the vehicle crossing has been constructed.

(7) Council or an Authorised Officer may by notice in writing to the owner or occupier of land require the repair of a vehicle crossing, which is in a state of disrepair, with the full cost of such repair to be borne by the owner or occupier of the land

(8) Council or an Authorised Officer may by notice in writing to the owner or occupier of land require the removal of a vehicle crossing and reconstruction of the kerb, channel, drain, culvert and footpath if the vehicle crossing is, in the opinion of an Authorised Officer, no longer required, with the full cost of such removal to be borne by the owner or occupier of the land

(9) An owner or occupier of land must, at the owner or occupier’s own cost, ensure that the vehicle crossing between the road and the boundary of such land is maintained and kept in good condition.

64. Drainage

(1) An owner or occupier of land must ensure that:

(a) the land is adequately drained to the satisfaction of an Authorised Officer;

(b) the land does not discharge water that is a nuisance to an owner or occupier of adjoining land;

(d) a private stormwater drainage system or on-site stormwater detention system serving a residential, commercial or other property is maintained in a condition that is not:

(i) dangerous to health;

(ii) unsightly;

(iii) a nuisance; or

(iv) hindering, obstructing, or interfering with the operation of the drain.

(2) An owner or occupier of land must not:

(a) without a permit, alter the course of an overland flow of water, whether or not there is an easement over the flow path;

(b) fail to carry out rectification or maintenance works when directed to do so by an Authorised Officer; or

(c) carry out works within or fill in drains located in any easement on the land, whether the easement is in favour of Council or otherwise.

(3) 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 Council, except for the discharge of stormwater

(4) A person must not damage, obstruct, interfere with or cause or allow to be caused damage, obstruction or interference with a drain, which is vested in or under the control of Council

(5) A person must not, without a permit, tap into any drain, culvert or sewer vested in or under the control of Council

65. Occupation of Roads

(1) A person must not, without a permit, occupy (either wholly or partially) a road for any works that involve:

(a) fencing off part of the road;

(b) erecting a hoarding, gantry, scaffolding or overhead protective awning;

(d) making a hole or excavation;

(e) filling a hole or excavation;

(f) leaving or storing any building, paving or other construction materials or any tools, machinery, plant, or equipment; or

(g) installing or erecting public safety precautions on or over a road alignment.

(2) Sub-clause (1) does not apply to the works or activities of a utility

Explanatory note:

In accordance with section 63 of the Road Management Act 2004, where Council is the coordinating road authority for the road, the written consent of Council is required in respect of any works in, on, under or over a road in order to conduct the proposed works

66. Interfering with Roads, Council Land, or Infrastructure

A person must not, without a permit:

(a) destroy, deface, interfere with, or cause damage to a road, Council land, Council infrastructure or a Council asset or allow another person to do so; or

(b) remove any thing from a road or Council land or allow another person to do so.

67. Obstructions on Roads and Council Land

(1) A person must not, without a permit, allow, place, store or leave any thing on a road or Council land, unless allowed under any other Act or regulation

(2) Sub-clause (1) does not apply to the works or activities of a utility

68. Spoil on Roads

(1) A person must not allow any soil, earth, mud, clay, cement slurry, liquid waste, or other litter to fall or escape from a vehicle onto a road in the course of any trade, industry, or commercial undertaking.

(2) A person must not allow any fuel, grease, oil, mud, clay, cement slurry, paint, detergents, or other litter to run from a vehicle whilst being cleaned and to be deposited onto a road, or into a drain or gutter.

(3) If the operator of the vehicle cannot be found, the owner or occupier of the land or the person in charge of the building or works at the land where the vehicle is likely to have been soiled, is guilty of an offence under sub-clauses (1) or (2).

(4) An owner or occupier of private land must not allow any soil, earth, mud, clay, cement slurry, liquid waste, or other litter to be discharged from that land onto a road or Council land

Division 2: Building Site Amenity

69.

Site Identification

(1) An owner, occupier of land or builder must, prior to the commencement of any works, erect and maintain in a conspicuous position accessible to the public and close to the main entrance to the building site identification which:

(a) is at least 600 millimetres in height and 400 millimetres in width;

(b) is clearly visible and legible from the road;

(d) identifies the name, registration number, telephone contact number and postal address of the builder;

(e) identifies the name, registration number and contact details of the relevant building surveyor; and

(f) identifies the building permit number and the date of issue of the permit.

(2) The site identification described in sub-clause (1) must continue to be displayed and remain visible and legible for the duration of the building works.

70. Stormwater Protection – Including Silt, Mud and other Pollutants

An owner, occupier of land or builder must ensure that the building site is developed and managed to minimise the risks of stormwater pollution, through the contamination of run-off by chemicals, sediments, animal waste or gross pollutants or other associated builder’s refuse. This includes, but is not limited to, adoption of measures to:

(a) minimise the amount of mud, dirt, sand, soil or stones deposited on the abutting road and/or adjoining land or washed into the stormwater system by installing silt barriers;

(b) prevent building clean-up, wash down or other wastes and builder’s refuse being discharged offsite or allowed to enter the stormwater system;

(c) ensure all vehicles delivering materials to the building site are prevented from depositing mud, sand, soil, or stones onto Council’s road network;

(d) ensure that any waste which has spilled onto the road, nature strip or surrounding area is removed as soon as practicable so that any residues are prevented from entering the stormwater system;

(e) ensure that any footpath adjacent to the building site or likely to be affected by the building works is kept clear of mud, dirt, stones and all loose debris at all times; and

(f) ensure that the building site is managed and controlled in accordance with the principles of relevant best practice guidelines as issued from time to time by the Environmental Protection Authority, Melbourne Water, or any other relevant organisation that may come into operation.

71. Dust

An owner, occupier of land or builder must take all reasonable steps to ensure that the building site is managed to minimise the risk of detrimental effects to the health and amenity of nearby residents through reduced visibility, reduced air quality and the effects of deposition of dust generated from the building site.

72. Sanitary Facilities

An owner, occupier of land or builder must ensure that appropriate sanitary facilities are provided on a building site for the duration of the building works.

73. Site Fencing

(1) An owner, occupier of land or builder must ensure that:

(a) all building works are undertaken entirely within the building site; and

(b) materials are not deposited, stored or stockpiled on any part of the road or Council land without the approval of Council.

(2) An owner, occupier of land or builder must ensure that prior to the commencement of any building works and for the duration of the building works, the building site is provided with adequate hoarding or site fencing that:

(a) is not less than 1.5 metres in height;

(b) is capable of preventing litter from being transported from the building site by wind;

(c) has not more than one access opening to the building site which is located to correspond with the location of the vehicle crossing for the building site, and is kept closed at all times when building works are not in progress;

(d) when erected on the boundary of the building site’s property line, it does not protrude into or onto any land other than the building site; and

(e) may enclose more than one building site where the owner, occupier of land or builder is responsible for adjoining building sites.

(3) The requirement to provide hoarding or site fencing under this clause may be waived or varied in writing by Council or an Authorised Officer.

74. Containment and Removal of Waste

(1) An owner, occupier of land or builder, must prior to the commencement of any building works, and for the duration of the building works:

(a) provide a closed waste facility suitable for the disposal of builder’s waste which may become wind-blown;

(b) place the waste facility on the building site and keep it in place (except for such periods as are necessary to empty the facility) for the duration of the building works;

(d) ensure that all builder’s waste which requires containment is placed in the refuse facility;

(e) keep the waste facility closed to prevent wind-blown litter refuse escaping from the waste facility; and

(f) empty the waste facility whenever full and, if necessary, provide a replacement facility during the emptying process.

(2) The requirement to provide a waste facility may be waived at Council’s discretion.

(3) An owner, occupier of land or builder must remove and lawfully dispose of all builders’ waste within fourteen days of completion of the building works

75. Site Access and Hours of Operation

(1) An owner, occupier of land or builder must not, without a permit, carry out or cause or allow any works to be carried out on the building site other than between the hours of:

(a) 7am and 6pm Monday to Friday;

(b) 9am and 1pm on Saturday for residential construction and demolition sites; and

(2) An owner, occupier of land or builder must not, without a permit, cause or allow:

(a) any movement of vehicles or site preparation works;

(b) any unloading of equipment or deliveries to the building site or idling of vehicles; or

(c) loud talking or the use of radios on the building sitebefore the permitted commencement times listed in sub-clause (1) or at any time on a Sunday or public holiday

Explanatory Note:

The construction and demolition times referenced above are consistent with the EPA Publication 1834 – Civil Construction, Building and Demolition Guide.

76. Direction to Cease Building Works

(1) An Authorised Officer may inspect a building site at any reasonable time and may direct any person found to be in contravention of this Local Law or a permit issued under this Local Law, to cease carrying out the building works immediately or within any period the Authorised Officer considers reasonable.

(2) A person to whom a direction is given under sub-clause (1) must comply with that direction.

PART 8: ADMINISTRATION AND ENFORCEMENT

Division 1: Administration

77. Exercise of Discretion

In exercising any discretion contained in this Local Law, Council and an Authorised Officer must have regard to:

(a) the objectives of this Local Law; and

(b) any other relevant matter.

78. Impounding

(1) An Authorised Officer may seize and impound a thing which has been or is being used or possessed in contravention of this Local Law.

(2) Where a thing has been impounded under this Local Law, Council or an Authorised Officer must, if it is practicable to do so, serve notice of the impounding personally or by registered mail on the person who appears to be the owner of the impounded thing.

(3) If the identity or whereabouts of the owner of a thing impounded under this Local Law is unknown, the Authorised Officer must take reasonable steps to ascertain the owner’s identity or whereabouts prior to exercising their powers under clause 79. This includes working with relevant support services and organisations operating to assist people experiencing homelessness.

(4) An impounded thing must be surrendered to –

(a) its owner; or

(b) a person acting on behalf of the owner who provides evidence to the satisfaction of an Authorised Officer of their authority to do so,

provided that:

(i) evidence to the satisfaction of the Authorised Officer is produced of the owner’s right to the thing; and

(ii) payment of any fee and reasonable costs of impounding determined by Council or an Authorised Officer is paid

(5) Sub-clause (4) does not apply where the impounded thing cannot reasonably be kept or possessed in accordance with this Local Law

Explanatory note:

The Maribyrnong Homelessness Protocol provides a framework for:

o responding to people who are experiencing or at risk of homelessness;

o the provision of information for people to access housing and support; and

o improving the service coordination the network of homelessness service providers in the western region.

79. Disposal

(1) An Authorised Officer may sell, destroy, dispose of, or give away any thing impounded under this Local Law if:

(a) the impounded thing has not been returned to the owner or a person acting on the owner’s behalf within fourteen days of service of the notice of impounding;

(b) the owner of the thing or a person acting on the owner’s behalf has not paid the fee and reasonable costs of impounding determined by Council or an Authorised Officer within fourteen days of service of the notice of impounding; or

(2) If the impounded thing is perishable and will not survive the period specified in subclause (1), the Authorised Officer may dispose of the thing sooner.

(3) Council is entitled to retain the proceeds of sale of any impounded thing towards its reasonable costs incurred in impounding, keeping, and selling the thing.

80. Permits - General

(1) An application for a permit under this Local Law must be:

(a) submitted in a form approved by Council or an Authorised Officer; and (b) accompanied by the fee prescribed by Council, unless waived by Council or an Authorised Officer.

(2) Council or an Authorised Officer may require an applicant for a permit to supply more information before Council or the Authorised Officer deals with the permit application, or to give notice of the application in a manner specified by Council or an Authorised Officer

(3) Council or an Authorised Officer may in their absolute discretion decide:

(a) to grant a permit with or without conditions; or

(b) to refuse a permit.

(4) Council or an Authorised Officer may cancel a permit if:

(a) there has been a serious or ongoing breach of the conditions of the permit;

(b) a Notice to Comply has been issued, but not complied with within seven days after the time specified in the Notice to Comply;

(d) there has been a significant error in relation to the grant of the permit; or

(e) there has been a significant change of circumstances since the grant of the permit

(5) Council or an Authorised Officer may correct a permit if that permit contains:

(a) an unintentional error or an omission;

(b) a significant miscalculation of figures; or

(6) Council or an Authorised Officer may, during the period of a permit alter the conditions of the permit if it considers it appropriate to do so.

(7) Before cancelling or correcting a permit or altering the conditions of a permit under sub-clauses (4) to (6), Council or an Authorised Officer must provide the permit holder an opportunity to make written submissions on the proposed cancellation, correction or alteration

(8) Council may exempt a person or class of persons from the requirement to obtain a permit under this Local Law.

(9) Except where expressly stated in this Local Law or in a permit, a permit expires one year after the date it was granted

(11) The holder of a permit granted under this Local Law must comply with all permit conditions and any requirements in a Council policy or incorporated document applicable to that permit.

(12) A person must not make a false representation or declaration or intentionally omit significant information in an application for a permit or permit exemption.

Division 2 - Enforcement

81. Notice to Comply and Verbal Direction

(1) An Authorised Officer, who reasonably believes that a person has contravened any provision of this Local Law, may give a verbal direction to, or serve a Notice to Comply or both on a person to do a thing or carry out work to remedy the thing, which constitutes the contravention.

(2) A written record of the verbal direction given must be made by the Authorised Officer.

(3) A verbal direction given or a Notice to Comply issued in accordance with this Local Law must state the time and date by which the thing must be done, or the work carried out.

(4) The time required by a verbal direction given or Notice to Comply issued under this Local Law must be reasonable in the circumstances, having regard to:

(a) the amount of work involved;

(b) the degree of difficulty;

(d) climatic conditions;

(e) the degree of risk or potential risk; and

(f) any other relevant matter.

(4) If a person who was given a verbal direction or served with a Notice to Comply, fails to carry out any work or remedy anything stipulated in the verbal direction or Notice to Comply, Council or the Authorised Officer may approve the carrying out of the work or the remedying of the thing by another person or carry out the work itself and recover the cost of performing the work or remedying the thing from the person who failed to carry out the work or remedy the thing

(5) A person may make representations, within fourteen days after being given a verbal direction or served with a Notice to Comply, to Council or the Authorised Officer about matters contained in the verbal direction or Notice to Comply, but nothing in this right or the exercise of this right relieves the person from complying with the verbal direction or Notice to Comply unless the Authorised Officer who issued the verbal direction or Notice to Comply otherwise directs.

(6) A person to whom a verbal direction or Notice to Comply is issued under sub-clause (1) must comply with the verbal direction or Notice to Comply.

82. Infringement Notices

(1) If an Authorised Officer believes on reasonable grounds that a person is contravening or has contravened any provision under this Local Law, the Authorised Officer may, as an alternative to a prosecution for an offence, serve on that person an Infringement Notice.

(2) The penalties fixed for Infringement Notices are set out in Schedule 1.

83. Power to Act in Urgent Circumstances

(1) Council or an Authorised Officer may, where a contravention of this Local Law occurs or unless restrained is likely to occur or reoccur, 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;

(b) the Chief Executive Officer of the Council or their delegate, not being the Authorised Officer administering this clause, approves of the proposed action; and

(c) details of the circumstances and the remedial action taken are as soon as practicable forwarded to the person or persons who have contravened or are likely to contravene this Local Law.

(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.

(3) Where Council undertakes work in accordance with this clause, it may recover the cost of performing the work from the person who has contravened or who is likely to contravene this Local Law

84. Offences and Penalties

A person who contravenes or fails to comply with:

(a) any provision under this Local Law;

(b) any condition contained in a permit issued under this Local Law or any requirements in the Council Policy applicable to that permit;

(d) any verbal direction issued by an Authorised Officer; or

(e) any Notice to Comply by the date specified in the Notice to Complyis guilty of an offence and is liable to a penalty of:

(i) twenty penalty units; and

(ii) a further penalty of one penalty unit for each day during which the contravention continues.

85. Offences by Corporations

(1) If a person charged with an offence against this Local Law is a corporation, any person who is concerned or takes part in the management of that corporation may be charged with the same offence.

(2) If the corporation is found guilty of an offence against this Local Law, a person charged with the same offence may also be found guilty of that same offence and is liable to the penalty for that offence, unless that person proves that the act or omission constituting the offence took place without their knowledge or consent.

86. Operator Onus Offence

If the operator of a motor vehicle that is used in the commission of an offence under this Local Law cannot be found, the registered owner of that motor vehicle, is guilty of that offence.

SCHEDULE 1: INFRINGMENT NOTICE PENALTIES

Part 8 – Administration and Enforcement

Division 1 - Administration

84 Offences and penalties 5

Other

Any offence not referred to elsewhere in this table 2