The Local Law covers a range of areas Bayside’s, from animals to waste disposal. The Local Law is different to a State or Federal Law in that it is established by a local authority. It is designed to ensure Council responds to local issues and community needs to help make the municipality cleaner, safer, and more enjoyable for everyone.

All Victorian councils must have a Local Law. They can last up to ten years and must be reviewed at that point, or earlier if a Council chooses to. The review is designed to ensure the Local Law continues to meet community and Council needs and is compliant with all relevant legislation.

The current Local Law was made under the superseded Local Government Act 1989 (LGA 1989). The LGA 1989 required local laws be developed with a different focus from the revised (current) Local Government Act 2020 (LGA 2020). Specifically, the LGA 2020 moved from a ‘prescriptive’ to a ‘principles-based’ approach with a different emphasis on compliance and enforcement.

We’re proposing amendments to some elements of the Local Law to help Bayside align with the LGA 2020, and to improve and streamline services for businesses and the community.

We’ve undertaken a detailed analysis of the current Local Law, compared Bayside’s Local Law other Councils, and gathered feedback from internal teams at Council.

Potentially. If Council adopts the proposed new Local Law, Council Officers will enforce the regulations, noting enforcement will not apply retrospectively.

Your feedback will inform the development of a new draft Local Law and Footpath Trading Policy. We’ll share the draft during the Stage 2 community consultation to help inform further draft refinements before presenting the new draft to Council to endorse.

Once adopted by Council, the new Local Law will be formally gazetted in the Victoria Government Gazette.

The Local Law is designed to protect community safety and amenity. Once notification a Local Law has been breached, Council will undertake an investigation. Ensuring enforcement action may include a warning, notice or penalty (a fine).

No, our Local Law does not include rules that are already addressed in other jurisdictions, such as State and Federal legislation.

What you can influence:

• Proposed changes considered as part of the new Local Law.
• Community sentiment for the proposed amendments to Local Laws in consideration of the Victorian Government’s legislative constraints.
• Gaps, or oversights in the proposed law amendments
• What you can’t influence:
• Look and format of the Local Law
• Wording clarity, consistency and document order
• Alignment to any legislative, anti-discriminatory, ethical, and culturally sensitive requirements/guidelines
• Parameters set by Council’s strategies, plans or policies
• Application and enforcement, including penalties
• Adoption timeline (by August 2026)

The Footpath Trading Policy (Policy) provides a framework for the sustainable use and management of footpath trading areas.

Footpath trading adds character and vibrancy to shopping precincts and supports local businesses to thrive.

The Footpath Trading Policy review will:

• Make guidelines easier for traders and the community.
• Support vibrancy and activation in Bayside’s Activity Centres.
• Support local businesses and economy to thrive and encourage businesses to trade Bayside.
• Balance commercial use of public space with community and resident needs.
• Support accessibility and public safety.

Proposed changes

Suggested amendments include:

• A new fee structure based on the total space used (measured in square metres) rather than charging for each item separately
• Introduction of seasonal footpath trading permits
• New rules to help ensure outdoor furniture is safely stored when businesses are closed.
• Clarifying rules for advertising and promotional signage, including moveable signage.