PART 1: PRELIMINARY...

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2 Contents PART 1: PRELIMINARY Local Law Objectives Commencement Revocation of Local Law Date this Local Law ceases Application of Local Law Definitions... 4 PART 2: PUBLIC PLACES Behaviour Trees and plants not to obstruct or obscure Street naming and numbering Shopping trolleys Advertising signs Displaying goods Outdoor eating facilities Roadside trading (including food sales) Bulk rubbish containers Obstructions - Public Place Actions affecting Council land Vehicles Street parties, festivals and processions Alcohol Collections Independent collection bins Removal of fallen timber Smoking PART 3: AMENITY Condition of land Open Air Burning Fires causing nuisance Wood heaters, internal open fires and incinerators Recreation Vehicle Shipping containers Temporary dwellings European Wasps PART 4: ANIMALS Keeping animals Excrement Disposal Livestock on roads Electric fencing PART 5: WASTE Domestic waste Municipal transfer stations PART 6: ASSET PROTECTION Asset protection permit

3 PART 7: ADMINISTRATION Permits Fees Direction to Comply Urgent Circumstances Cost recovery Impounding Council signs Delegation PART 8: ENFORCEMENT Offences Infringement Notices MAPPING

4 Mitchell Shire Council Local Law No. 1 Community and Environment Local Law Mitchell Shire Council resolves: PART 1: PRELIMINARY This Local Law, titled the Local Law No. 1 Community and Environment 2013, is made under Part 5 of the Local Government Act 1989 and Part 3 of the Domestic Animals Act Objectives The objectives of this Local Law are to - (a) (b) (c) (d) (e) (f) provide for the peace, order and wellbeing of people in the municipality by enhancing public safety and community amenity; provide for the safe and equitable use and enjoyment of public places; protect and enhance the environment and amenity of the municipality; regulate and control activities and behaviours which may be regarded as dangerous, unsafe or detrimental; provide for the fair and reasonable use and enjoyment of private land; and allow uniform and fair administration of this Local Law. 3. Commencement This Local Law commences on 24 June Revocation of Local Law On the commencement of this Local Law, Council s Community Safety and Environment Local Law No 1 is revoked. 5. Date this Local Law ceases Unless this Local Law is revoked sooner, its operation will cease on the 24 June Application of Local Law 6.1 This Local Law applies throughout the municipality. 3

5 6.2 This Local Law does not apply where any act or thing otherwise prohibited or regulated by this Local Law is authorised by any Act, Rule, Regulation or Planning Scheme. 6.3 The agreements entered into under Section 173 of the Planning and Environment Act 1987 applying to all land located in Hidden Valley are recognised by this Local Law. 7. Definitions advertising sign: approval: asset: means any placard, board, sign, card or banner, whether portable or affixed or attached to any land, which: (a) provides information about a business or industry; or (b) advertises goods, service, an event or a competition. has the same meaning as permit. means any road, drain, drainage infrastructure, street, tree, street sign or other property vested in or under the control of the Council. asset protection permit: means a written permit issued by Mitchell Shire Council for the protection of Council assets and infrastructure issued prior to any building work being carried out. authorised officer: barbeque: building: building site: means a person authorised by the Council under Section 224 of the Local Government Act means any structure or device, erected or fixed outdoors, portable or mobile, which has as its primary purpose the cooking of food for human consumption. includes any structure whether temporary or permanent, or any part of a structure. means land on which building works is being carried out or which is being prepared for building works to be carried out. building work/s: means any construction, renovation, alteration, demolition, relocation or removal of a building on any land and includes any excavation, earthworks, concreting, landscaping or maintenance works on any land. bulk rubbish container: means a bin, skip, or other structure designed or used for holding a substantial quantity of rubbish and which is unlikely to be lifted without mechanical assistance. It does 4

6 not include garbage bins used in connection with the Council's regular domestic rubbish collections. camping: caravan: Council: Council land: domestic animal: fee: fire restriction period: firewood: fireworks: footpath: goods: grazing of livestock: incinerator: means using a caravan, tent, swag, motor vehicle, shipping container, shed or like structure for residential accommodation (either temporary or permanent) by a person or persons, and camp has a corresponding meaning. includes a mobile home and moveable dwelling. means Mitchell Shire Council. means any land, including a road, which Council owns, occupies, manages or otherwise controls. means a dog or a cat. means the fee determined by the Council in accordance with Section 46. means the time period classified by the Country Fire Authority as a 'fire restriction period'. means trees, logs, branches, understorey and stumps used for burning. mean a device in which combustible materials are lighted and produce coloured flames, sparks, noise and smoke. Pyrotechnics are described as a fireworks display. means an area open to the public that is designated for, or has as one of its main uses, use by pedestrians as defined in the Road Safety Road Rules includes but is not limited to, produce, articles, items, tables, chairs, planter boxes, umbrellas, heaters, ashtrays and anything similar. means causing livestock to enter and remain on a road or roads within the municipal district for purposes of grazing. means outside structure, device or piece of equipment that: 5

7 (a) (b) (c) is used or intended, designed, adapted, or capable of being used for the burning of any matter, material or substance; and is not licensed or otherwise subject to control under the provisions of any Act; and is not a barbeque, a pizza oven or a fire pit. independent collection bin: means a bin or container for the purpose of the collection of donated materials for a charity or other community organisation. land: means any land other than a public place or land vested in the Crown, and includes land which is privately owned or occupied, and structures and fixtures on such land. liquor: means a drink with an alcoholic content greater than 0.5% by volume at a temperature of 20 Celsius; has the same meaning as the Liquor Control Act livestock: Local Law: model vehicle municipal district: has the same meaning as in the Impounding of Livestock Act 1994, namely an animal (including a bird) of any species used in connection with primary production or kept for recreational purposes other than a dog or a cat (includes but is not limited to horses, cattle, sheep, donkeys, mules, goats, pigs and deer of any age). means this Local Law No. 1 Community and Environment 2013 means scaled down versions of vehicles that are propelled by internal combustion engine and generally controlled by radio. means the district under the local government of a Council. Municipal Fire Prevention Officer: means a person appointed by a municipal Council under Section 96A(1)(a) of the Country Fire Authority Act 1958 to be the fire prevention officer for that Council; municipal place: means any place within the Municipal District which is owned or occupied by the Council or in respect of which the Council has the control or management, to which the public may or may not have access (whether an admittance fee is required or not), and includes a 6

8 Municipal Reserve, Library or Building, Footpath and Road. municipality: nature strip: notice to comply: nuisance: occupier: outdoor eating facility: owner: means the municipal district of Mitchell Shire Council. means an area between a road (except a road related area) and adjacent land, but does not include the shoulder of a road or a bicycle path, footpath or shared path; as defined in the Road Safety Road Rules 2009 means a written direction issued under this Local Law. includes any behavior or condition which is liable to be dangerous to health, offensive or injurious to personal comfort. means the person in charge of, or having the management or control of, any premises and includes the tenant, or employees and other persons in control of land. means an area, adjacent to a shop from which food is ordinarily sold, on which tables and/or chairs are located and food or drink is served for consumption. means the person or persons for the time being entitled to be registered as the owner of any land and where more than one person, each of them jointly and severally. penalty unit: is as defined by Section 110 (2) Sentencing Act 1991 meaning a number of dollars equal to the product obtained by multiplying the number of penalty units by $100. permit: includes any authority, approval, consent, permission, granted or required under this Local Law, and issued in accordance with the provisions of it. person in charge of building work: means the principal contractor whose name appears on the site identification sign. Planning Scheme: public place: means the Mitchell Planning Scheme. means: (a) any public highway, road, street, bridge, footway, footpath, court, alley, passage or thoroughfare notwithstanding that it may be formed on private property; 7

9 (b) (c) (d) (e) (f) (g) (h) (i) any park garden reserve or other place of public recreation or resort; any public vehicle paid for hire; any church or chapel open to the public or any other building where divine service is being publicly held; 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; any market; 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; any place of public resort; and any open place to which the public whether upon or without payment for admittance have or are permitted to have access. recreation vehicle: residential area: residential land: residential premises: road: means any mini bike, motor bike, motor scooter, go-kart or other vehicle propelled by an internal combustion engine or motor, which is used for recreational purposes. are areas shown red on the maps attached to this Local Law. means any land used primarily for residential purposes; means any land or part of land used as, or capable of being used for, a private residence and includes an apartment, or flat, rooming house or caravan park. has the same meaning as in the Local Government Act 1989, namely: (a) a street; (b) a right of way; (c) any land reserved or proclaimed as a street or road under the Crown Land (Reserves) Act 1978 or the Land Act 1958; (d) a public road under the Road Management Act 2004; (e) a passage; (f) a cul de sac; (g) a by-pass; (h) a bridge or ford; (i) a footpath, bicycle path or nature strip; and 8

10 (j) any culvert or kerbing or other land or works forming part of the road. rooster: rural area: sell: semi rural area: shipping container: shopping trolley: site identification: temporary dwelling: toy vehicle: means a male chicken of any age. are areas shown green on the maps attached to this Local Law. includes: (a) sell by means of any machine or mechanical device; or (b) barter or exchange; or (c) agree to sell; or (d) offer or expose for sale; or (e) keep or have in possession for sale; or (f) directing, causing or attempting any such acts or things. are areas shown yellow on the maps attached to this Local Law. means a large box like receptacle of standardised design for transporting freight by road, rail and sea. means a wheeled container or receptacle supplied by a retailer enabling the transportation of goods or other items; means a sign which is at least 600 millimetres in height and 400 millimetres in width, is erected at the entrance to the building site and is clearly visible from the road and includes: (a) the lot number, as described on the certificate of title relevant to the land; (b) (c) the name of the person in charge, and the 24 hour contact telephone number or numbers for the person in charge. has the corresponding meaning to camping. includes a vehicle other than a bicycle ordinarily used by a child at play and designed to be propelled by human power, a child's tricycle, scooter, skateboard, roller skates, motorised scooter or similar toys. 9

11 unsightly: urban growth area: means a state or condition characterised by the presence of one or more of the following features or similar features: (a) excessive unconstrained rubbish such as paper, cardboard, plastic bags, styrene, domestic garbage, second hand containers; and/or (b) excessive second hand timber or second hand building material; and/or (c) discarded, rejected, surplus or abandoned solid or liquid materials; and/or (d) graffiti on exterior walls or fences; and/or (e) excessive machinery, machinery parts or similar; and/or (f) anything being built which is left incomplete and constitutes a detriment to the appearance of the surrounding area; and/or (g) (h) disused mattresses, furniture, furnishings; and/or any other thing making the land visually repugnant but excludes an enclosed building or structure on the land which complies with regulations made under the Building Act 1993 or Planning and Environment Act means a zone under the Planning Scheme that allows high density development and being applicable to the southern part of the municipality. vehicle: has the same meaning as in the Road Safety Act 1986 but does not include a wheelchair, motorised wheelchair, pram, stroller, or other similar device for the conveyance of children or disabled or injured persons. vehicle crossing: means the vehicle crossing referable to and constructed for land in accordance with a construction plan approved by the Council, which is protected by the way of an approved covering at the commencement of and for the duration of the building works. windrow: means an accumulation of felled, fallen, cleared trees or any other vegetation. 10

12 PART 2: PUBLIC PLACES 8. Behaviour 8.1 A person must not - (a) behave in a public place in such a manner as to interfere with another person s reasonable use of that public place; (b) behave in a public place in such a manner as to endanger or be likely to endanger a person s health or life, property, or an animal; or (c) while present in a public place act contrary to a sign erected in that public place. 9. Trees and plants not to obstruct or obscure 9.1 A person who owns or occupies land must not allow any tree or plant growing in or on that land to obstruct or interfere with the passage of traffic by- (a) (b) (c) (d) overhanging any footpath or other part of the road used by pedestrians at a height of less than 2.5 metres so that it impedes pedestrians or is likely to cause injury or damage; or extending over any part of the road in such a way that it: (i) obstructs the view between vehicles at an intersection; or (ii) obstructs the view between vehicles and pedestrians where they come close to each other; or (iii) obscures a traffic control item from an approaching vehicle or pedestrian; (iv) obscures street lighting; or obstructing the view between vehicles and trains at a railway level crossing which does not have gates, booms or flashing lights; or otherwise constituting a danger to vehicles or pedestrians or compromises the safe and convenient use of the road. 11

13 9.2 All works performed in compliance with this clause must be in accordance with the Planning Scheme. 10. Street naming and numbering 10.1 A person must not apply a name to a road without the consent of the Council For each property that has been allotted a property number, the owner or occupier must mark the property with the number allotted. 11. Shopping trolleys A person must not leave a shopping trolley on any road, bicycle path or vacant land except in an area designated by owners of private property or the Council for the purpose, or cause or authorise another person to do so. 12. Advertising signs 12.1 Without a permit or approval under the Planning Scheme, a person must not, erect or place an advertising sign in a municipal place Real estate advertising signs must not be placed or maintained other than in accordance with the Real Estate Industry Victoria Rules of Practice. 13. Displaying goods Without a permit a person must not place or display any goods or cause or permit another person under his or her control to do so on: (a) any footpath; or (b) any part of a road; or (c) within 700mm of an area where vehicles may stand; or (d) any other part of a road without a permit. 12

14 14. Outdoor eating facilities 14.1 Without a permit a person must not establish an outdoor eating facility on any footpath or other part of a road. Infringement Penalty: $ The holder of a permit must move or remove the outdoor eating facility when directed to by an authorised officer or a member of Victoria Police. Infringement Penalty: $500 Maximum Penalty: $ Roadside trading (including food sales) 15.1 Without a permit a person must not sell or offer for sale any goods or services from any road or erect or place on any road a vehicle, caravan, trailer, table, stall or a similar structure for the purpose of selling or offering for sale any goods or services. Infringement Penalty: $500 Maximum Penalty: $ Without a permit a person must not sell, or offer for sale any goods or services from any land or a public place adjacent to a road to any person who is on that road or in that public place. 16. Bulk rubbish containers Without a permit a person must not, place or cause or permit another person to place a bulk rubbish container on a road or in a municipal place. 17. Obstructions - Public Place Without a permit a person must not, on a road under the control of the Council: (a) occupy or fence off part of a road; (b) erect a hoarding or overhead protective awning; (c) use a mobile crane or travel tower for any building works; (d) make a hole or excavation; or (e) reinstate a hole or excavation. Infringement Penalty: $150 13

15 18. Actions affecting Council land 18.1 A person must not obstruct or make unsafe a footpath, nature strip or road Without a permit a person must not undertake any activity which may damage, interfere with or destroy any asset vested in or under control of Council. 19. Vehicles 19.1 A person must not dismantle, paint, carry out maintenance on or, except for the purpose of removing it, repair a vehicle on a road and a person must not allow or cause another person to do so An owner or person in charge of a vehicle must not offer to sell that vehicle from a public place. 20. Street parties, festivals and processions Without a permit a person must not, in or on any road, footpath, Council land or public place hold or participate in a street party, street festival, street market event or procession. 21. Alcohol 21.1 Without a permit a person must not consume or carry an open receptacle containing liquor on any road, footpath or municipal place excluding municipal reserves between the hours of 12.00pm and 8.00pm unless otherwise signed Subclause 21.1 does not apply to a person taking part in an event or festival for which Council has granted a permit which allows the consumption of liquor or allows the possession of liquor or is an authorised premises under the Liquor Control Reform Act

16 21.3 An authorised officer or a member of Victoria Police may seize an open container of liquor and dispose of it accordingly, where subclause 21.1 applies. 22. Collections Without a permit a person must not solicit or collect any hard waste materials, gifts of money or subscriptions or sell any goods from a footpath or from a house adjacent to any road or cause or authorise another person to do so. 23. Independent collection bins Without a permit a person must not place, cause or allow to be placed an independent collection bin in a public place. 24. Removal of fallen timber 24.1 Without a permit a person must not remove any fallen timber, wood or tree litter from any road within the municipality Despite subclause 24.1, no fallen timber is to be removed from a roadside that is declared a High Conservation Roadside, a roadside that is signed as a Significant Roadside Area or a road covered by a Vegetation Protection Overlay as defined in the Planning Scheme. 25. Smoking 25.1 A person must not light or allow to remain lit a cigarette, cigar or any other substance or device for smoking in a Council owned or occupied building A person must not smoke in the confines of a playground or within 10 metres of a playground located in a reserve Council may erect signs which identify any area where smoking is prohibited pursuant to this Local Law. 15

17 26. Condition of land PART 3: AMENITY 26.1 An owner or occupier of land must ensure that the land: (a) (b) (c) does not constitute or is not likely to constitute a danger to health or property; is not unsightly or detrimental to the general amenity of the neighborhood in which it is located; does not have grass or weeds present on the land which exceeds 200 millimetres in height; and (d) does not have on it a building that has been deemed by Council to be unsightly, dilapidated or unsuitable for human habitation Subclause 26.1(c) does not apply to land in a semi rural and rural area or properties identified by Council as high conservation areas Unless a permit has been obtained or camping is permitted under the Planning Scheme, the owner or occupier of any land must not allow camping on that land. 27. Open Air Burning 27.1 An owner or occupier of land may burn-off in the open air for the purposes of reducing fuel loads on that land in accordance with the following Table provided that - (a) VicFire is notified beforehand; and (b) a burn-off is disallowed or not permitted to continue on days of total fire ban, smog alert days or during CFA declared Fire Danger Period. 16

18 Residential Urban Growth Area less than 0.4 hectares (1 acre) Semi Rural Rural End of Declared Fire Danger Period Commencement of Declared Fire Danger Period 10am to 3pm Wednesday and Saturday Open air burning allowed Open air burning allowed Open air burning allowed Open air burning allowed End of Declared Fire Danger Period Commencement of Declared Fire Danger Period 10am to 3pm All other days of the week Permit required Permit required Permit required Open air burning allowed End of Declared Fire Danger Period 1 October All days Does not apply to Residential Does not apply to UGA Does not apply to Semi Rural Open air burning allowed 1 October to Commencement of Declared Fire Danger Period Permit required to burn a windrow, stump, log or vegetation with a diameter greater than 75mm 27.2 Without a permit a person who is the owner or occupier of land must not allow fireworks to be lit or pyrotechnics to be conducted An occupier or owner of any land or person having lit a fire in the open air on that land, must immediately extinguish the fire or take steps to extinguish the fire if directed to do so by an authorised officer. 28. Fires causing nuisance 28.1 A person must not light a fire on any land that: (a) causes a nuisance beyond the land boundary; or (b) has an adverse impact on visibility beyond the land boundary, including reducing the visibility of motorists and other users of a public road; or (c) creates a hazard on, or near, a public road A person must not light a fire on land or burn, cause or allow to be burnt any: 17

19 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) green or wet material; or non timber based building materials; or rubber or plastic, including plastic mulch, plant pots and packaging materials; or furnishings and carpet; or manufactured chemicals; or petroleum or oil products; or paint, including any container in which paint is kept; or food waste; or manure and straw; or carcasses of dead animals or birds, unless prescribed by the Department of Primary Industries as the only means of disposal; or other offensive, noxious or toxic matter. 29. Wood heaters, internal open fires and incinerators 29.1 An owner or occupier of any land within a residential area or a semi rural area must not cause or allow any chimney to discharge dust, grit, ash or smoke to such an extent that in the opinion of an authorised officer, it may endanger the health of, or is offensive to, another person A person must not use an incinerator on any land within (a) a residential area; or (b) the Urban Growth Area having an area of less than 0.4 hectares. 30. Recreation Vehicle Without a permit a person must not use a recreation vehicle or model vehicle on land within - (a) a residential area; or (b) the Urban Growth Area having an area of less than 0.4 hectares. or (c) 200 metres of land used for residential purposes and which is owned or occupied by other than the owner of the land on which the recreation vehicle is to be used. 31. Shipping containers Without a permit a person must not store, keep or place a shipping container on land within the municipal district. 18

20 32. Temporary dwellings Without a permit a person must not erect, establish or occupy a temporary dwelling on any land or public place. 33. European Wasps An owner or occupier of land must, upon becoming aware of the existence of a European wasps nest on that land, take reasonable steps to cause the nest to be destroyed. 19

21 PART 4: ANIMALS 34. Keeping animals 34.1 Without a permit an owner or occupier of land must not keep or allow to be kept more animals in number than is set out in the following table Area Dogs** Cats** Livestock Rural 6 4 Not limited by Local Law but Planning Scheme controls may apply. Semi Rural 2 2 Extra Animal Permit required for properties under 0.4 hectare. Planning Scheme controls may apply. Residential* 2 2 Extra Animal Permit required. Planning Scheme controls may apply. * For properties in the Urban Growth Area this provision applies to lots less than 0.4 hectares ** For numbers of dogs and cats exceeding those listed, an Extra Animal Permit is required. Planning Scheme controls may also apply. NB Refer to attached maps for area definitions 34.2 If an authorised officer reasonably believes that barking by a dog constitutes a nuisance, the authorised officer may direct the owner of the dog to place or allow the placement of a barking count device on the dog for the period specified by the authorised officer Any person to whom a direction is given under subclause 35.2 must comply with that direction Sub clause 34.1 does not apply where the land is allowed to be used for the purposes of a pet shop, veterinarian business, Council pound, animal breeding or animal boarding establishment or any other use permitted under the Planning Scheme A person who keeps animals or livestock must do so in a manner that does not cause a nuisance to any person. 20

22 35. Excrement A person in charge of an animal in a public place must: (a) (b) carry a facility for the effective removal of any excrement that may be deposited by that animal; or collect from the public place and appropriately dispose of any excrement deposited by that animal. Infringement Penalty: $50 Penalty: $ Disposal A person in charge of an animal that is deceased, must ensure that the deceased animal is buried or removed in a timely manner and ensure that the deceased animal is properly disposed of in a humane manner without creating a public health or environmental hazard. 37. Livestock on roads A person who owns or is in charge of livestock must not cause or allow the livestock to be on a road unless in accordance with a permit; (a) (b) the livestock are being moved; or the livestock are grazing. 38. Electric fencing Without a permit a person must not operate an electric fence on land in - (a) a residential area; or (b) the Urban Growth Area having an area of less than 0.4 hectares. 21

23 39. Domestic waste PART 5: WASTE 39.1 The occupier of land to which Council provides a garbage or recyclable collection service must not: (a) (b) abuse or misuse a mobile bin issued by Council in terms of its placement, maintenance, loading weights, nature of materials placed in the bin or in the transfer of those materials; or leave the bin outside the boundary of such land for more than 24 hours before or after the nominated collection day. Infringement Penalty: $50 Maximum Penalty: $ Without the written authority of Council, a person must not remove or interfere with any garbage, green waste, recyclable materials or mobile bin which is placed for collection Where Council has given public notice that a hard and/or green waste collection will be made, any collectables must at all times be left for collection in accordance with Council s directions. 40. Municipal transfer stations Without a permit a person must not remove any material from a municipal transfer station. 22

24 41. Asset protection permit PART 6: ASSET PROTECTION 41.1 Before - (a) commencing any building works on any land that will have a total value of over $5,000.00; or (b) entering a building site by means of a motor vehicle having a gross weight exceeding two tonnes; or (c) connecting any land to a storm water drain; or (d) entering a building site from a point other than a vehicle crossing - the person in charge of the building works must obtain an asset protection permit. Infringement Penalty: $500 Maximum Penalty: $ Any asset protection permit issued by Council: (a) (b) may be issued subject to conditions; and will not be operative until the applicant for the asset protection permit has paid the permit fee as is fixed by Council A person to whom an asset protection permit has been issued must comply with any conditions contained in that asset protection permit. 23

25 PART 7: ADMINISTRATION 42. Permits 42.1 An application for a permit under this Local Law must be: (a) in a form approved by Council; and (b) accompanied by the fee set by Council, unless waived Council may require an applicant to supply more information or to give public notice of the application A person who obtains or attempts to obtain a permit by wilfully making or causing to be made any false representation or declaration, whether oral or in writing, is guilty of an offence. Infringement Penalty: $500 Penalty: $ Council may decide: (a) to grant a permit with or without conditions; or (b) to refuse a permit on any grounds it thinks fit Council may revoke a permit Council may exempt a person or class of persons from the requirement to obtain a permit under this Local Law A permit is in force until the expiry date indicated on the permit, unless it is cancelled before the expiry date An appeal against any decision to refuse a permit or to issue a permit with conditions must be in writing and forwarded to Council within 28 days of notification of Council s decision. 43. Fees 43.1 The Council may, from time to time, by resolution determine fees for the purposes of this local law In determining any fees and charges, the Council may establish a system or structure of fees and charges, including a minimum or maximum fee or charge The Council may waive, or alter a fee with or without conditions. 24

26 44. Direction to Comply 44.1 Where an authorised officer reasonably believes that a person has committed an offence against this Local Law, the officer may issue to that person a notice to comply in a form approved by Council or a verbal direction, requiring that person to: (a) stop offending; and (b) do anything necessary to rectify the offence A verbal direction may only be issued under this clause if it is not practical to issue a notice to comply. 45. Urgent Circumstances Without serving a notice to comply, an authorised officer may act to remedy any circumstance which threatens a person s life, health or property, or an animal, if the authorised officer considers the action necessary to prevent any danger. 46. Cost recovery The cost associated with any works undertaken on land by Council under this Local Law may be recovered from the owner of the land by: (a) invoicing the owner for all works costs and/or rectification costs; or (b) placing the works costs and/or rectification costs against the property. 47. Impounding 47.1 An authorised officer may: (a) (b) (c) move or impound any animal, object or thing that encroaches, is a hazard or obstructs use of, a public place; release the item to its owner on payment of a fee determined by Council, which is not to exceed an amount that reasonably represents the cost to Council of impounding, keeping and releasing the item; or sell, destroy, dispose of or give away the impounded item if the owner of the item has not paid the fee within 14 days of service of the notice under this clause or if the owner's identity or whereabouts cannot be ascertained In the absence of a permit, a sign can be impounded immediately If an authorised officer impounds an item under this clause, he or she must serve on the person who is apparently the owner of it a notice in a form approved by Council as soon as possible after the impoundment If the identity or whereabouts of the owner of an item impounded under this clause is or are unknown, Council or an authorised officer must take 25

27 reasonable steps to ascertain the owner s identity and or whereabouts prior to exercising its powers under this clause Council may retain from the proceeds of sale of any impounded item its reasonable costs incurred in impounding, keeping and selling the item. 48. Council signs A person must comply with any sign erected in a public place by Council. 49. Delegation 49.1 The powers of Council under this Local Law to (a) impound under Clause 47.1; (b) issue, refuse or revoke a permit; (c) issue, sign, revoke, exempt, require or cancel any notice, order or agreement; and (d) enforce any matter - are delegated to the Chief Executive Officer of Council and to every authorised officer. 26

28 50. Offences PART 8: ENFORCEMENT 50.1 A person is guilty of an offence if the person: (a) (b) (c) (d) does something which a provision of this Local Law prohibits: engages in an activity without a current permit where a provision of this Local Law requires that the person obtain a permit before engaging in that activity; breaches or fails to comply with a condition of a permit issued under this Local Law; or fails to comply with a verbal direction issued or a notice to comply served, by an authorised officer The penalty for a second or subsequent offence is double the penalty of the first offence. 51. Infringement Notices 51.1 An authorised officer may issue an infringement notice for an offence Payment of the fixed penalty for an infringement notice may be made to the Chief Executive Officer, Mitchell Shire Council, 113 High Street, Broadford 3658 or to a member of Council s staff authorised for this purpose at the Council offices An appeal against an infringement notice must be in writing and forwarded to Council prior to the due date for payment of the infringement penalty To avoid prosecution, the penalty indicated in an infringement notice must be paid to Council by the due date The form of an infringement notice shall be in the form as set out in Section 13 of the Infringements Act A person issued with an infringement notice is entitled to disregard the notice and defend the prosecution in court. 27

29 MAPPING 28

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