Proposal to Make Local Law No. 3 - Community Amenity 2014

Published on 06 October 2014

Notice is given that at its meeting on 30 September 2014, Monash City Council (Council) proposed to make a local law titled 'Local Law No. 3 – Community Amenity' (the Proposed Local Law).

The following information about the Proposed Local Law is provided in accordance with section 119 of the Local Government Act 1989 (Act):

Purpose of the Proposed Local Law

If made, the purposes of the Proposed Local Law will be to:

  • provide for the peace, order and good government of Council's municipal district
  • promote a physical and social environment free from hazards to health, in which the residents of the municipal district can enjoy a quality of life that meets the general expectations of the community
  • 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
  • prohibit, regulate and control activities which may be dangerous or unsafe or detrimental to the quality of life and the environment of the municipal district
  • revoke redundant Local Law No. 3, which commenced operation on 1 February 2005

General Purport of the Proposed Local Law

If made, the Proposed Local Law will revoke Local Law No. 3 and:

  • provide for things that Council and authorised officers may do with respect to Council land, including restricting access, establishing conditions of entry and fixing fees for admission to, or hire of, Council land
  • create offences relating to:
    • acting contrary to conditions of entry, failing to pay fees and remaining on, or later entering, Council land from which the person has been directed to leave
    • behaviour on Council land, including committing a nuisance, behaving in an offensive manner, destroying, damaging, interfering with or defacing Council land or anything on it, acting contrary to a sign, selling goods and services, erecting advertisements, acting contrary to directions of authorised officers or Council staff, and bringing any substance onto land which might be dangerous, have the potential to pollute or cause discomfort to any person without consent
    • entry to Municipal Places during hours when they are not open to the public, with any animal without consent (other than guide dogs and hearing dogs) or with any vehicle without consent (other than a pram or wheelchair)
    • behaviour in a reserve, including entry on an arena during the course of a sporting match or gathering (other than a player, official or competitor), discharge of missiles, use of playground equipment, playing any game or sport which might create a danger and playing or practising golf
    • without a permit in a reserve, flying any aircraft, riding or driving an animal or vehicle in a way that will damage the reserve or interfere with another's enjoyment of it, lighting a fire (other than in a barbecue), collecting money, carrying a firearm, interfering with any flora or fauna, using an amplifier and organising, holding or participating in any demonstration or other public gathering or organised competitive sport
    • without Council's written approval, conducting any fitness training for commercial purposes
    • behaviour in public libraries, including compliance with conditions of membership and leaving a child under the age of 11 years unsupervised without consent
    • damaging or tapping into drains, culverts or sewers vested in Council
    • failure to maintain drains on private land
    • damaging, interfering with or destroying Council watercourses and the like vested in or under the control of Council
    • vehicle crossings, including their construction, relocation and removal without a permit
    • engagement in building work without an asset protection permit
    • management of sites on which building works are undertaken, including entry to sites via temporary vehicle crossings, not depositing material on a road or Council land, disposing appropriately of all materials and spoil from the site and provision of amenities
    • failure to give Council notice of the commencement of building works on any site
    • works undertaken on roads and Council land
    • damaging, interfering with or destroying Council land and roads or anything on it
    • use of recreational vehicles on Council land
    • construction of gates in fences adjoining Council land
    • land and structures on land that is, or are, unsightly, detrimental to the amenity of the locality of the land or dangerous
    • in a Residential Area, maintenance of nature strips
    • storage, assembly or dismantling of old, used or second machinery, materials, goods and vehicles
    • graffiti
    • in a Residential Area, occupying a caravan, tent or like structure
    • on any other land, occupying a caravan, tent or like structure for a period longer than three weeks in any calendar year
    • in a Residential Area, placing or allowing to be placed more than one caravan on any land, and other than to the satisfaction of an authorised officer
    • vegetation that obstructs the clear view of drivers or pedestrians or otherwise interferes with traffic signs and the like
    • vegetation that overhangs a road or footway at a height of less than 2.5m
    • allowing vermin or blackberries to be present on land
    • fire hazards
    • the numbering of allotments
    • noise generated by vehicles during the course of deliveries
    • intruder alarms
    • incinerators
    • burning of offensive materials and emissions of smoke and odour
    • noise generated by building works, other than during specified hours
    • dilapidated buildings
    • animal excrement
    • spitting
    • shopping trolleys, including their design, identification, collection and return and their impoundment by Council
    • the display of goods and placement of advertising signs and tables, chairs, barriers and the like on roads and Council land
    • obstructions on roads
    • spoil on roads
    • occupation of roads for works, including the erection of hoarding or scaffolding, use of cranes, making or filling excavations and interference with temporary traffic signals and the like
    • repairing, servicing, maintaining and displaying vehicles for sale on roads or Council land
    • storage of boats, trailers, caravans or vehicles in a dilapidated state on roads or Council land for more than 7 consecutive days or more than 8 days out of any 14-day period
    • consumption of alcohol and possession of unsealed containers in any place the subject of a Council resolution
    • the use of wheeled toys on Council land the subject of a Council resolution
    • parking of vehicles in any parking area on Council land contrary to any sign associated with the parking area
    • parking of vehicles in a residential parking permit area without a residential parking permit
    • sale of goods on roads and Council land
    • the erection or use on any land of temporary structures or buildings for the sale of goods, and the sale of goods from such a structure;
    • soliciting to collect gifts or subscriptions on roads or Council land
    • distribution of handbills, place cards, notices, advertisements, books, pamphlets, goods, gifts or samples on roads or Council land
    • busking on roads or Council land with the apparent object of collecting money
    • street parties without Council's written approval
    • the number of animals that can be kept on any land, including the manner in which they are kept
    • disposal of disused refrigerators, ice chests and the like
    • the use of Council's waste collection service, including domestic waste, green waste, recyclables and commercial paper and cardboard
    • placement of waste receptacles placed out for collection by Council
    • use of receptacles provided by Council for collection
    • hard rubbish and green waste collection
    • interference with waste, including the unauthorised deposit of waste into another's receptacle and removal of waste placed out for collection, including hard rubbish
    • failure to comply with a direction from Council or an authorised officer to install, repair, replace or modify a fence designed to screen receptacles from public view
    • use of Council's street litter bins
    • sweeping or deposit of any leaves, garden clippings or the like into any gutter or other part of a road
    • transport of animal or other offensive waste uncovered
    • storage of trade waste, including specifications for trade waste hoppers and their placement and maintenance
    • collection of industrial, commercial or trade waste other than during specified hours
    • failure to comply with a direction from Council or an authorised officer to prepare and comply with a Waste Management Plan
  • provide for the administration and enforcement of the Local Law and empower Council and authorised officers to issue permits, Notices to Comply, act in urgent circumstances and impound things
  • provide for infringement notices to be served on those whom an authorised officer has reason to believe is guilty of an offence

Have Your Say

Copies of the Proposed Local Law and the explanatory Local Law Community Impact Statement may be inspected at the Monash Civic Centre (293 Springvale Road, Glen Waverley) and at the Oakleigh Service Centre (3 Atherton Road, Oakleigh) during office hours, and on Council's website.

Any person may make a written submission relating to the Proposed Local Law. All submissions received by Council on or before 5 pm on Friday 7 November 2014 will be considered in accordance with section 223 of the Act. Submitters should note that all submissions may be made available to the public in full (including any personal information). Any person making a submission is entitled to request (in the submission itself) to be heard in support of the submission (either personally or by a person acting on his or her behalf) by appearing before a Committee of Council comprising all Councillors. The date, time and location of the Submission Hearing will be provided to submitters requesting to be heard.

Council will meet to consider making a local law in the form of the Proposed Local Law at an Ordinary Meeting on 25 November 2014.

Dr Andi Diamond
Chief Executive Officer

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