Various definitions have been added, amended and removed, including the addition of the following definitions:

“Asset Protection Permit” means a written permit issued by Council for the protection of public assets and infrastructure during building works

“bike share scheme” means any service in which bicycles are made available to persons on a short-term basis for free or for a fee

“builder” means the person who is nominated as the builder in a building permit issued under the Building Act 1993 in respect of building works or a person in charge of a building site

“building site” means any property on which building works are being carried out

“e-scooter” means a scooter that is or can be propelled by an electric motor

“Local Law Guidelines” means the Guidelines made by Council under clause 9

“model aeroplane” means any airborne device modelled on an aeroplane or aircraft and which is powered, and includes a drone

“prescribed” means determined by resolution and published on Council’s website and in a newspaper generally circulating within the municipal district

Some definitions in the current Local Law (eg ‘Traffic Control Device’ and ‘Unlawful Game’) have been deleted and others have been amended (eg ‘advertising sign’ and ‘municipal reserve’).

“advertising sign” means any board, notice, structure, banner or other similar device used for the purpose of: (a) soliciting sales or support; or (b) promoting the presence of an adjacent property or other address, whether real, internet-based or otherwise electronic, where goods or services may be obtained and includes a mobile billboard.

“municipal reserve” means any land owned, controlled and/or managed by Council and used as a reserve or place of recreation and includes a Foreshore Reserve but excludes a road and any area leased to other parties.

Various provisions in the proposed Local Law enable Council to prescribe something. For example, Council will be given the power to prescribe smoke free areas and restrictions on the consumption of alcohol in particular municipal reserves.

The prescription will begin with a Council Resolution. The effect of the Resolution will be published on Council’s website and in a newspaper generally circulating within the municipal district. In this way, the community can learn what has been prescribed and understand the effect of the prescription.

Some provisions in the proposed Local Law require a person to comply with the Local Law Guidelines. Others envisage the Local Law Guidelines providing an exemption from an obligation that would otherwise exist or setting out considerations which Council will take into account in deciding whether to issue a permit under the proposed Local Law.

Here is a copy of the proposed Local Law Guidelines. Once finalised, the proposed Local Law Guidelines will form part of the Local Law made by Council.

Overview

In the community survey, 71% supported Council including provisions in the revised Local Law to require owners/occupiers to ensure that a building does not become dilapidated or further dilapidated and to take all reasonable steps to secure the building. Clause 27 in the existing Local Law covers unsightly land but does not reference buildings.

Proposed Local Law 12. Unsightly and Dangerous Properties

(1) An owner or occupier of private property must ensure that the private property and any building or other structure on the private property:

(a) is not a danger to health of any person or animal or property or likely to become a danger to health of any person or animal or property;

(b) does not constitute a fire hazard;

(c) does not contain undergrowth, scrub, bracken, stubble, grass or weeds in excess of 300mm in height;

(d) is not unsightly, or detrimental to the general amenity of adjoining land or the neighbourhood, including through the presence of:

(i) stored unregistered or derelict vehicles or machinery or any parts of them;

(ii) storage containers;

(iii) scrap metal, timber, building materials or building refuse;

(iv) waste paper, cardboard, bottles or other refuse;

(v) soil or similar materials;

(vi) overgrown vegetation; or

(vii) buildings on the land which have been damaged; and

(e) is not used in any manner or left in any state that may cause a nuisance or become detrimental to the amenity of the immediate area.

(2) An owner or occupier of private property must not allow any building or other structure on that private property to become dilapidated.

(3) An owner or occupier of private property must take reasonable steps to prevent the movement of soil, sediment and other substances from the private property to the adjoining road.

(4) Without limiting the generality of clause 84, a notice to comply issued by an Authorised Officer or a Delegated Officer with respect to an offence against this clause 12 may include a direction that the private property, building or structure be:

(a) cleared of any substance, material or equipment;

(b) suitably fenced, screened or otherwise enclosed in the manner specified in the notice to comply;

(c) cleaned or painted in a manner that removes or obliterates graffiti specified in the notice to comply;

(d) boarded up or otherwise secured to prevent access or otherwise alleviate the danger, unsightliness, nuisance, detriment to general amenity or offending condition; and/or

(e) protected by warning signs or barriers to alert members of the public to the presence on the private property of a danger to persons entering the private property.

Overview

You can plant your nature strip, but it must comply with the Local Law Guidelines. These have been set to ensure safety and encourage native vegetation.

(1) Planting is limited to drought tolerant indigenous ground covers, shrubs and grasses;

(2) The planting zone must be set back at least 500mm from the back of kerb and kept clear to allow for people to enter and exit their vehicles and properties safely;

(3) Plantings on corner blocks within 9 metres of an intersection are limited to ground cover plants only to ensure a clear line of sight for motorists;

(4) Adequate space is provided for placing rubbish and recycling bins for collection;

(5) A minimum of 1.5 metres from the property line is kept clear to allow for pedestrian access, mail, paper and other deliveries;

(6) Plantings are kept pruned to a maximum height of 600mm at all times;

(7) Only permitted gravels and mulches can be used including:

a) Fine gravel mulches such as compacted washed granitic sand or similar, or

b) Pine or hardwood chips 12mm to 25mm in size;

(8) Where a gravel or mulch is used on the nature strip:

a) it must remain on the nature strip and not allowed to spill onto the footpath, driveways or in the kerb and channel;

b) levels must not extend above the level of the footpath or kerb; and

c) it must be maintained in a weed free condition; and

(9) Items not permitted on the nature strip:

a) Synthetic turf;

b) Letterboxes;

c) Irrigation;

d) Rocks; or

e) Any Items that obstruct the safe flow and vision of pedestrians and traffic or pose a hazard to the public.

Proposed Local Law

24. Vegetation on Nature Strips

A person must not:

1) plant or allow to be planted any seedling;

2) commence to cultivate or allow to be commenced to be cultivated any vegetation; or

3) maintain vegetation and associated areas on a nature strip other than in accordance with the Local Law Guidelines.

Overview

A new clause (1b) has been added to hold dog owners/handlers responsible for their dogs damaging Council assets, such as sportsgrounds and municipal reserves. Breaches of proposed Local Law 27 (Animal excrement and conduct) may result in fines but not impounding of dogs.

Proposed Local Law 27. Animal Excrement and Conduct

(1) A person in charge of any animal must not allow:

(a) any part of the animal’s excrement to remain on any road or Council Land; or

(b) the animal to dig or otherwise disturb any part of Council Land.

(2) A person in charge of any animal on any road or Council Land must carry a litter device suitable to clean up any excrement left by his or her animal and must produce such litter device upon request of any Authorised Officer or Delegated Officer.

Overview

This proposed change isn’t about your personal bike or scooter – it will only affect people who operate bike share schemes.

Share bikes and scooters are great for the environment, but only when they’re used responsibly. You may have seen news stories about share bikes being dumped in the Yarra or on footpaths, well, this proposed Local Law is designed to prevent that happening in Bayside.

The proposed new Local Law seeks to regulate the operation of bike and e-scooter share schemes by requiring operators to have a permit and bikes to be fitted with a device requiring its return to a designated place.

The proposed new Local Law makes it an offence for operators when a bike is abandoned on a road or footpath, or left in another place that affects the enjoyment of that area. Operators will also be required to remove any abandoned or damaged bikes or e-scooters within 24 hours of notification and comply with the conditions of their permit.

In the community survey on new Local Law ideas, 48% supported this idea and 24% opposed (28% were neutral or did not provide a response). From survey comments, it was clear that some who opposed this idea believed this referred to personal bikes, e-bikes or e-scooters.

Proposed new Local Laws

37. Bike Share Scheme

(1) A person who owns or operates a bicycle used for the purpose of a bike share scheme must not, without a permit, allow any bicycle owned or operated by that person to be within the municipal district.

(2) A person must not make available for use, or permit to be used, in the municipal district, a bicycle used for the purpose of a bike share scheme that does not have a device which is attached to it and used so as to ensure the return of the bicycle to an area specifically designated for the storage of bicycles.

(3) Council may exempt a person or a class of persons from the application of sub-clause (1) if a bicycle used for the purpose of a bike share scheme is left or placed in an area prescribed by Council.

(4) A person who owns or operates a bicycle used for the purposes of a bike share scheme is guilty of an offence if such a bicycle is:

(a) left or placed in a way that unreasonably interferes with the use of any road or other place;

(b) left or placed in a place that detrimentally affects the amenity of that place.

(5) A person who owns or operates a bicycle used for the purpose of a bike share scheme must:

(a) remove within 24 hours of notification any bicycle in contravention of sub-clause (4);

(b) remove within 24 hours of notification any bicycle that is damaged or missing any part; and

(c) comply with the conditions of a permit.

38. E-Scooter Share Scheme

(1) A person who owns or operates an e-scooter used for the purpose of an e-scooter share scheme must not, without a permit, allow any e-scooter owned or operated by that person to be within the municipal district.

(2) A person must not make available for use, or permit to be used, in the municipal district, an e-scooter used for the purpose of an e-scooter share scheme that does not have a device which is attached to it and used so as to ensure the return of the e-scooter to an area specifically designated for the storage of e-scooters.

(3) Council may exempt a person or a class of persons from the application of sub-clause (1) if an e-scooter used for the purpose of an e-scooter share scheme is left or placed in an area prescribed by Council.

(4) A person who owns or operates an e-scooter used for the purposes of an e-scooter share scheme is guilty of an offence if such an e-scooter is:

(a) left or placed in a way that unreasonably interferes with the use of any road or other place;

(b) left or placed in a place that detrimentally affects the amenity of that place.

(5) A person who owns or operates an e-scooter used for the purpose of an e-scooter share scheme must:

(a) remove within 24 hours of notification any e-scooter in contravention of sub-clause (3);

(b) remove within 24 hours of notification any e-scooter that is damaged or missing any part; and

(c) comply with the conditions of a permit.

Overview

The proposed Local Law aims to prevent the long-term parking and storage of boats, trailers, caravans and campervans on Council roads. In the community survey, 55% supported introducing permits for the long-term storage on roads of these types of vehicles (23% opposed and 23% were neutral or did not provide a response).

Council’s Residential Parking Permit Scheme Policy does not allow caravans, boats, trailers, or motorhomes to obtain a parking permit, which can lead to vehicles being parked on unrestricted streets. Council receives around 20 complaints per month on a wide range of vehicle-related concerns.

The current Local Law already restricts the parking of vehicles that are longer than 7.5 metres or heavier than 4.5 tonnes on Council land. It also has the power to remove unregistered or abandoned vehicles.

Under the proposed Local Law, a person will require a permit to occupy a road by storing on it any boat, trailer, caravan or campervan for a continuous period of 14 days or more or for more than 28 days in a period of three consecutive months.

If you regularly use your trailer, boat or recreational vehicle, this change won’t affect you. It also won’t affect you if you’ve legally parked one of these types of vehicles near your property while you load or unload it (provided that doesn’t take more than 14 consecutive days). This change will affect you if you store your trailer, boat, caravan or campervan on the road long-term.

In order for this Local Law to be effective, free up parking spaces and improve driver and pedestrian safety around large parked vehicles, it is expected that permits to store a boat, trailer, caravan or campervan long-term on a Council road will only be issued in exceptional circumstances.

In determining whether to grant a permit to keep or store any heavy vehicle or long vehicle upon any road or on any other property (whether private property or Council Land) as required by clause 35(1), an Authorised Officer or a Delegated Officer must have regard to:

(1) whether the vehicle is derelict, abandoned or unregistered;

(2) any exceptional circumstances;

(3) the impacts on amenity, safety and parking in the area;

(4) the proximity to adjoining properties;

(5) the likely effect on adjoining owners or occupiers; and

(6) any other matter an Authorised Officer or a Delegated Officer reasonably believes is relevant to the application.

Note: Council seeks to ensure parking access remains available and roads are safe therefore storing any heavy vehicle or long vehicle upon any road will only be considered in exceptional circumstances.

Proposed Local Law

35. Storing Vehicles

A person must not, without a permit:

(1) keep or store any heavy vehicle or long vehicle upon any road or on any other property (whether private property or Council Land); or

(2) occupy any road or Council Land by storing on it any boat, trailer, caravan or campervan for a continuous period of 14 days or more or for more than 28 days in a period of three consecutive months.

Overview

The Bayside Planning Scheme governs permanent/fixed signs, but does not apply to mobile advertisements. In the community survey, 53% supported a requirement for permits for mobile advertising billboards, which included ‘for sale’ advertisements for cars, caravans, boats and other equipment (17% opposed and 28% were neutral or did not provide a response).

In the proposed Local Law, the definition of “advertising sign” means any board, notice, structure, banner or other similar device used for the purpose of:

(a) soliciting sales or support; or

(b) promoting the presence of an adjacent property or other address, whether real, internet-based or otherwise electronic, where goods or services may be obtained

and includes a mobile billboard;

Proposed Local Law 45. Advertising Signs

(1) A person must not, without a permit, erect, place or display an advertising sign on any part of a road or Council Land, or cause or in any way authorise another person to do so.

(2)An advertising sign under sub-clause (1) excludes signage within municipal reserves.

(3) Without limiting the generality of sub-clause (1) a person must not, without a permit, display for sale any vehicle, trailer, boat or other equipment on any road or Council Land.

Overview

Operators for services such as e-bikes and e-scooters would require a permit so they can be held responsible for abandoned equipment that causes safety or amenity issues.

In the community survey, 80% supported this idea to enforce the removal of dumped shopping trolleys (4% opposed and 16% were neutral or did not provide a response).

Proposed Local Law 46. Shopping Trolleys

The proprietor of any business that makes a shopping trolley available for use must ensure that no shopping trolley of that business is left on any road or Council Land unless it is in an area on the footpath or Council Land which Council has set aside for that purpose.

Overview

A proposed new Local Law requires a person to obtain a permit in order to discharge groundwater into any Council drain or onto any road or Council Land.

Proposed Local Law 49. Drainage Tapping and Discharging Groundwater

A person must not, without a permit:

(1) tap into or interfere with any drain under the control of Council; or

(2) discharge groundwater into any drain under the control of Council or into or onto any road or Council Land.

Overview

A new proposed local law clause has been created to ensure on street parking is returned through the removal of redundant crossings and reinstatement of the nature strip when a vehicle crossing to a private property is no longer required.

Proposed Local Law 52. Removing Redundant Vehicle Crossings

If directed to do so by an Authorised Officer or a Delegated Officer, an owner or occupier of private property must remove any vehicle crossing that once serviced or was used by that private property but which is now redundant.

Overview

In the community survey, 78 comments were received that referenced building sites/builders – primarily concerning the need for stronger guidelines for building sites, environmental protection and noise.

Extensive provision is made in the proposed Local Law for managing amenity on building sites. The proposed Local Law:

Proposed Local Law 55. Managing Amenity on Building Sites

(1) A builder must comply with the measures for the management of a building site stated in the Local Law Guidelines.

(2) A builder must keep a record of compliance with the measures specified in the Local Law Guidelines.

(3) The records referred to in sub-clause (2) must be produced by a builder if requested by an Authorised Officer or a Delegated Officer.

(4) An Authorised Officer or a Delegated Officer may enter any building site at any reasonable time for the purpose of inspecting any sewered toilet, portable toilet (closet) systems, urinals, pans, receptacles, vehicles, plant and any other things and placed on them and for the purpose of carrying out the provisions of this Local Law.

(5) A builder requires a permit to carry out building works on a building site other than between the following hours:

(a) 7.00 am to 6.00 pm Monday to Friday; and

(b) 9.00 am to 3.00 pm Saturday.

(6) A builder must not carry out building works on a building site on a public holiday that is a public holiday under the Public Holidays Act 1993.

(7) In determining whether to grant a permit under sub-clause (5), Council must have regard to:

(a) the nature of the proposed building works;

(b) the time and circumstances in which the building works will be carried out;

(c) the likely volume, intensity, and duration of the noise levels that will be emitted by the proposed building works;

(d) any previous applications made or permits granted to that person, including any complaints made in respect of such permits;

(e) any potential precautions or conditions which could be taken to prevent the emission of noise that is clearly audible and detrimental to the amenity of any surrounding property:

(i) residential premises outside the permitted hours and in particular before 9.00am Saturday and 10.00am Sunday; and/or

(ii) non-residential premises outside the permitted hours and in particular at business critical times to any business operating from those premises;

(f) any issues of community safety and amenity; and

(g) the need for the provision of reasonable notice to residents and occupiers of non-residential premises.

(8) Council must not grant a permit for a builder to carry out building works on a day that is a public holiday under the Public Holidays Act 1993.

(9) An application for a permit under sub-clause (5) to conduct building works out of hours must be made at least five (5) days prior to the commencement of the proposed out of hours building works.

(10) Nothing in sub-clause (5) or (6) applies if the building works are made necessary by an emergency (including but not limited to an immediate need to repair following a storm or major climatic event).

(11) A builder is guilty of an offence against this Local Law where unreasonable noise is made as a result of carrying out the building works detailed in this clause.

(12) For the purpose of determining whether noise from building works on a building site is unreasonable, regard will be had to:

(a) the volume, intensity or duration; and

(b) the time, place and any other relevant circumstances in which the noise is emitted.

(13) If directed to do so by an Authorised Officer or a Delegated Officer, a builder must provide Council with a Traffic Management Plan to Council’s satisfaction that adequately addresses any traffic or parking issues referable to the building works on the building site that have been specified by the Authorised Officer or the Delegated Officer in his or her direction.

(14) The builder must, in respect of the building works, ensure that no vehicular entry to the land takes place other than across the existing vehicle crossing or a temporary vehicle crossing.

(15) Where any building works are being carried out on any land, the 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 wastes or gross pollutants in accordance with currently accepted best practice by adopting measures to:

(a) minimise the amount of mud, dirt, sand, soil or stones deposited on the abutting roads or Council Land or washed into the stormwater system; and

(b) prevent building cleanup, wash down or other wastes being discharged offsite or allowed to enter the stormwater system.

(16) Where any building works (other than minor building works) are being carried out on any land, the builder must:

(a) provide a refuse facility for the purpose of disposal of builder’s refuse, and, provided the facility contains all builder’s refuse on the land to the satisfaction of Council, its size, design and construction will be at the discretion of the builder;

(b) place the refuse facility on the land and keep it in place (except for such periods as are necessary to empty the refuse facility) for the construction period;

(c) not place the refuse facility on any road or Council Land without a permit; and

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

(17) During building works, the builder must ensure that:

(a) all builder’s refuse which requires containment is placed in the refuse facility referred to in sub-clause (16);

(b) the builder’s refuse is not deposited in or on any land other than in accordance with sub-clause (16); and

(c) the builder’s refuse is not deposited in or over any part of the stormwater system.

(18) On any land where building works are being, or has been, carried out, the builder must remove and lawfully dispose of all builder’s refuse on the land, including, without limiting the generality of the above, the builders' refuse in the refuse facility referred to in sub-clause (16), within seven (7) days of completion of the construction period or issue of an occupancy permit, whichever occurs last.

(19) A person who delivers materials to a building site or collects materials or waste from a building site must do so without causing damage to any adjoining land.

(20) If Council identifies any damage which appears to result from non-compliance with this Local Law, an Authorised Officer or a Delegated Officer:

(a) may direct the responsible party to reinstate the damage within a specified time, in which case the responsible party must comply with such direction; and

(b) must issue the responsible party with a notice to comply requiring the damage to be reinstated, either at the time of the inspection or within a reasonable timeframe.

(21) In addition to the hours specified in sub-clause (5), the owner or occupier of a dwelling may carry out building works on that dwelling between the hours of:

(a) 7.00am and 8.00pm Mondays to Fridays;

(b) 9.00am to 8.00pm Saturdays;

(c) 9.00am to 8.00pm Sundays and Public Holidays

provided that no other person is engaged to carry out the building works for fee or reward and the person or persons carrying out the building works comply with or observe any direction, notice or order of the Council, any Authorised Officer, a Delegated Officer or any public authority.

(22) Despite sub-clause (21), a person may carry out building works on a dwelling at times other than those specified provided that unreasonable noise does not occur.

(23) A person, including an owner or occupier of a dwelling, is guilty of an offence against this Local Law where unreasonable noise is made as a result of carrying out building works in this clause.

(24) For the purpose of determining whether noise from building works on a dwelling, referred to in sub-clauses (21) and (22) is unreasonable, regard will be had to:

(a) the volume, intensity or duration of the noise; and

(b) the time, place and any other relevant circumstances in which the noise is emitted.

(25) In addition to any notification required under sub-clauses (1) – (20) (inclusive), a builder must, at least 48 hours before building works commences or the delivery of any equipment or materials to the land, provide a report to Council of the existing condition of Council assets which are:

(a) adjacent to the land to which the building permit relates; or

(b) likely to be affected by the building works authorised by the building permit.

(26) Council must as soon as is reasonably practicable after receiving notice that an occupancy permit or a final certificate in relation to alterations to an existing building has been issued ensure that an inspection of Council assets is carried out.

(27) The builder must repair to the satisfaction of Council any damaged road (including carriageway), channel, drain, vehicle crossing or other assets vested in Council adjacent to the land where the building works takes place or which is likely to be affected by the building works for which an Asset Protection Permit has been obtained.

(28) If Council considers that building works have caused damage to Council assets it may repair the damage itself and deduct the cost of repairs from any security bond that has been paid in accordance with sub-clause 54(7).

(29) If the amount of the security bond is insufficient to cover the costs of repairs or if a security bond was not required to be paid, Council may give a notice under section 225 of the Local Government Act 1989 and recover the costs of repairs in accordance with that section.

(30) Subject to sub-clause (28), any money from the security bond that has not been used in covering the costs of repairs may be refunded to the person who lodged it.

Overview

If a consent under the Road Management Act 2004 has not been given or is inapplicable, the proposed Local Law will require a permit to be obtained in order to carry out certain works on a road.

Proposed Local Law 56. Occupation of Roads

(1) Unless a written consent under section 63(1) of the Road Management Act 2004 has been given, a person must not, without a permit, occupy (whether wholly or partially) a road:

(a) for any works that involve:

(i) fencing off part of a road;

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

(iii) using a mobile crane or travel tower for any building works;

(iv) making a hole or excavation;

(v) reinstating a hole or excavation; and

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

(b) for any other non-road purpose which does not involve a special event.

(2) The requirement to obtain a permit does not apply to the works of service authorities:

(a) in an emergency or urgent circumstances; or

(b) when works are being carried out in accordance with the Road Management Act 2004.

(3) The requirement to obtain a permit does not apply:

(a) to the works of contractors undertaking any works within a road or road related area for or on behalf of Council; or

(b) if a person has been granted a permit under another provision of this Local Law which permits that person to occupy a road or structure or thing on a road.

(4) Nothing in sub-clause (2) or (3) exempts a person from an obligation to notify Council of the location of the works prior to them beginning or, in an emergency or urgent circumstances, on the next working day following the works beginning.

Overview

The consumption and possession of liquor in public places will be regulated by the proposed Local Law.

Specifically:

• the possession and consumption of liquor will be prohibited on a road;
• the possession and consumption of liquor within a municipal reserve will be prohibited between sunset (on one day) and sunrise (on the following day); and
• the possession and consumption of liquor may be prohibited within some or all municipal reserves at other times.

As part of the Local Law, we’re also proposing to make only Red Bluff Cliffs at Half Moon Bay an alcohol-free zone, in response to dangerous parties held in that area and at the request of Victoria Police. Click here to see a map of the area proposed to be an alcohol-free zone.

Proposed Local Law

57. Consumption and Possession of Liquor on Roads

Unless exempted under clause 59, a person must not while on a road:

(1) consume any liquor; or

(2) have in his or her possession or control any liquor other than in a container with an unbroken seal.

58. Consumption and Possession of Liquor on Municipal Reserves

(1) Unless exempted under clause 59, a person must not while in or on any municipal reserve (including any road within a municipal reserve) or in any motor vehicle within a municipal reserve:

(a) consume any liquor; or

(b) have in his or her possession or control any liquor other than liquor in a container with an unbroken seal

between sunset (on one day) and sunrise (on the immediately following day).

(2) Council may prescribe a municipal reserve in respect of which a person must not, while in or on that municipal reserve (including any road within a municipal reserve) or in any motor vehicle within a municipal reserve:

(a) consume any liquor; or

(b) have in his or her possession or control any liquor other than liquor in a container with an unbroken seal at any time or on a day or on days or at times prescribed by Council.

(3) Unless exempted under clause 59, a person must not, while in or on any municipal reserve (including any road within a municipal reserve) or in any motor vehicle within a municipal reserve prescribed by Council under sub-clause (2):

(a) consume any liquor; or

(b) have in his or her possession or control any liquor other than liquor in a container with an unbroken seal at a time or on a day prescribed under sub-clause (2).

59. Exemption

A person who consumes liquor or has in his or her possession liquor in an unsealed container does not commit an offence if:

(1) he or she is taking part in a procession, function, street party or other activity on a road or on or in a municipal reserve in respect of which Council has granted permission and in accordance with any other permit or licence required under any Act; or

(2) he or she is in or on licensed premises or an extension of licensed premises in respect of which consumption and possession of liquor in unsealed containers is permitted and in accordance with any other permit or licence required under any Act.

Overview

The proposed Local Law includes that Council may prescribe not only a municipal place (or part of a municipal place) but also a Foreshore Reserve (or part of a Foreshore Reserve) as a smoke free area.

In the community survey, 69% told us they supported extending the smoking ban to cover all foreshore areas (16% opposed and 15% were neutral or did not provide a response). Click here to see a map of the area that the proposed smoking ban would cover.

Proposed Local Law 60. Smoking in Municipal Places (including Foreshore Reserves)

(1) Council may prescribe a municipal place or part of a municipal place to be a smoke free area.

(2) Council must erect and maintain or cause to be erected and maintained signs in any municipal place or part of a municipal place that has been prescribed to be a smoke free area.

(3) A person must not smoke in or on any municipal place or part of a municipal place that has been prescribed to be a smoke free area by Council to be a smoke free area and has a smoke free area sign erected and maintained.

Overview

Council’s current Local Law requires a permit to fly any model aeroplane, aircraft or similar apparatus of any kind, excluding a kite, but including any audible motor-propelled device, over a municipal reserve. The proposed Local Law expands the definition of ‘model aeroplane’ to include a drone, and expands municipal reserve to Council land.

In the community survey, 46% supported permits to fly a drone over Council land (30% opposed and 24% were neutral or did not provide a response).

The operation of drones is regulated by part 101 of the Civil Aviation Safety Regulations 1998 (Cth). Whereas that legislation is concerned with safety the proposed Local Law’s clause 65 is concerned only with flying a drone above Council land, and is aimed at protecting the peace and enjoyment of those using the Council Land.

Proposed Local Law 60. Operation of Model Aeroplanes

A person must not, without a permit, operate or allow another person to operate a model aeroplane while on Council Land.

Proposed Local Law Guidelines 65. Operation of Model Aeroplanes

In determining whether to grant a permit to allow the operation of model aeroplanes on Council Land, an Authorised Officer or a Delegated Officer must have regard to:

(1) whether the purpose is for commercial purposes or recreational purposes;

(2) the size of the model aeroplane;

(3) the location the model aeroplane is to be flown and proximity to other people;

(4) the risk posed to the public and property;

(5) any privacy matters that may result from flying the zone over Council Land;

(6) whether the person operating the drone has a remote pilot licence issued by the Civil Aviation Safety Authority;

(7) whether the person holds public liability insurance; and

(8) any other matter the Authorised Officer or Delegated Officer reasonably believes is relevant to the application.

Overview

The proposed Local Law will contain a broad power to impound any thing that is found being used or possessed in contravention of the proposed Local Law. This removes the need for a power to impound items being included within individual clauses of the proposed Local Law.

Proposed Local Law 86. Impounding

(1) Council or an Authorised Officer or a Delegated Officer may seize and impound any thing (including, without limitation, any animal or vehicle) which is, has been or is being used or possessed in contravention of this Local Law.

(2) If an Authorised Officer or a Delegated Officer impounds any thing in accordance with this Local Law, Council may refuse to release it until the appropriate fee or charge for its release has been paid.

(3) As soon as possible after impounding, the Authorised Officer or Delegated Officer must, if practicable, serve a notice in writing on the owner or person responsible for the thing which has been impounded setting out the fees and charges payable and the time by which the thing must be collected.

(4) If, after the time required in the notice, an impounded thing is not collected, an Authorised Officer or a Delegated Officer may take action to dispose of or destroy the impounded thing.

(5) When the identity or whereabouts of the owner or person responsible for the impounded thing is unknown, an Authorised Officer or a Delegated Officer must take reasonable steps to ascertain the identity or whereabouts of that person and to contact that person, after which the Authorised Officer or Delegated Officer may proceed to dispose of or destroy the impounded thing in accordance with sub-clause (4).

(6) Any proceeds from the disposal of any impounded thing, except for all reasonable costs, charges and expenses properly incurred by Council in and incidental to the sale or any attempted sale or otherwise, may be claimed by the owner within one (1) year of sale.