Published on 12 June 2019

Glen Eira City Council Proposed Local Laws

We are reviewing our local laws to make them easier to understand and more user-friendly for the local community.

Notice is given pursuant to sections 119 and 223 of the Local Government Act 1989 (Vic) (Act) that, at its Ordinary Council Meeting on 11 June 2019, Glen Eira City
Council (Council) resolved to give notice of its intention, pursuant to Part 5 of the Act, to make the:

  • Glen Eira City Council Community Local Law 2019 (proposed Community Local Law); and
  • Glen Eira City Council Meeting Procedure 2019 (proposed Council Meeting Procedure) (together the proposed Local Laws).

Also open for public submission are the documents which are intended to be incorporated into the proposed Local Laws, namely the:

  • Councillor questions;
  • Written public questions to Council;
  • Public participation at Ordinary Council Meetings;
  • Residential Parking Permit System;
  • Mobile garbage bins, recycling containers and organics containers;
  • Building Site Management Code of Practice; and
  • Nature Strip Planting Guidelines.

The objectives of the proposed Community Local Law are to:

  1. provide for the peace, order and good government of the Municipal District;
  2. promote a physical and social environment free from hazards to health, in which the local community of and visitors to the Municipal District can enjoy a quality of life that meets the general expectations of the local community;
  3. protect Council assets;
  4. protect the use of public places and control activities in or near them;
  5. control noise, behaviour and liquor consumption in specified places, smoking in specified buildings and vehicles, busking, advertising signs, works and obstructions on roads, street trading and other activities;
  6. regulate the number and manner of keeping of animals; and
  7. prohibit, regulate and control certain activities, events, practices or behaviour which cause detriment to the amenity of the Municipal District, nuisance or damage to property.

The general purpose of the proposed Community Local Law is to:

  • empower Council to relocate vehicles which interfere with Council’s road works;
  • regulate applications for and the granting of permits, conditions of permits, payment of fees and other relevant matters;
  • establish penalties for offences and provide for enforcement proceedings;
  • empower Council to recover costs of enforcement;
  • empower authorised Council officers to issue an infringement notice, a Notice to Comply and a direction in relation to matters under the proposed Community Local Law;
  • empower an authorised Council officer to act in urgent circumstances;
  • provide for offences by corporations;
  • empower Council to impound and dispose of goods on Council land or a road;
  • provide for the internal review of certain decisions;
  • require a person to obtain a permit from Council inrelation to:
    • placing any tree or filling on a Council easement;
    • interference with Council land, Council assets or road, except in certain circumstances;
    • any works on any road or Council land that involves fencing off part of a road, erecting a hoarding, scaffolding or overhead protective awning, using machinery for any building works, leaving or storing any building materials or machinery or for any other non-road purpose, except in certain circumstances;
    • commencing building activity on a building site, except in certain circumstances;
    • undertaking building activity outside specified times and days, except in certain circumstances;
    • construction of a vehicle crossing or a temporary vehicle crossing;
    • damage or interference with a Council drain or a waterway on or under Council land;
    • discharge of any substance, other than stormwater, into the stormwater system;
    • riding or parking a motor vehicle in a public reserve other than in a designated area, except in certain circumstances;
    • flying a model aeroplane in a public reserve;
    • organising certain formal or structured sporting or social activities on Council land other than in designated locations;
    • conducting a street party, festivals and processions on a road;
    • placing a receptacle on any road or Council land;
    • filming on Council land, other than for private use;
    • lighting fires in the open air, except in certain circumstances;
    • camping on any land, except in certain circumstances;
    • conducting a circus, carnival or festival, except in certain circumstances;
    • placing or causing to be placed a mobile billboard on a road;
    • placing or displaying an advertising sign on a road, Council land or buildings;
    • busking on any road or Council land;
    • placing furniture on a road;
    • conducting certain commercial activities on any Council land, road or a public reserve, except in certain circumstances;
    • soliciting money or donations in any public place;
    • supplying or consuming liquor on any Council land or road for an activity involving 40 people or more, except in certain circumstances; and
    • keeping more than a specified number of animals or types of animal.
  • prohibit the following matters:
    • a person in charge of a building site failing to comply with the relevant Council policy, except in certain circumstances;
    • unreasonably interfering with authorised activities within a public reserve;
    • failing to comply with a direction from an authorised Council officer to leave a public reserve or Council Land;
    • inappropriate behaviour on Council Land;
    • participating in or allowing informal sporting activities that unreasonably interfere with another person’s use of Council land;
    • planting any tree or plant on a nature strip without a permit and other than in compliance with the relevant Council policy;
    • defacing of any sign or advertisement on Council land;
    • repairing or commercial display for sale a motor vehicle on a road or Council land, except in certain circumstances;
    • parking an abandoned, derelict and unregistered vehicles on a road;
    • installing or using an incinerator in a residential area;
    • leaving a shopping trolley outside a designated area;
    • failing to follow a direction to collect a shopping trolley;
    • making available for use a shopping trolley which does not have a coin mechanism, except in certain circumstances;
    • having aerosol paint containers for sale that are visible from publicly accessible areas or not securely stored;
    • failing to comply with a direction to return overdue library material;
    • impersonating Council staff;
    • consuming or possessing liquor in an unsealed container in any public place in the Caulfield Alcohol Free Zone on race meeting days, except in certain circumstances;
    • smoking in Council premises or motor vehicles;
    • leaving litter on Council land;
    • damaging garbage bins or not complying with the relevant Council policy in relation to their use;
    • shooting or snaring any animal on Council land;
    • failing to have or produce a litter device when in control of an animal or allowing the faeces of that animal to remain on Council land, a road or Caulfield Racecourse, except in certain circumstances;
    • keeping animal enclosures in an unsatisfactory manner, keeping an animal if there is an adverse impact on residential amenity, or keeping a dog without adequate fencing;
    • feeding birds on private property that are not ordinarily kept there;
    • failing to follow a direction from an authorised Council officer not to feed birds on Council land or road;
    • allowing a property to be dangerous, unsightly or a fire hazard;
    • allowing a tree, plant or other structure to cause a traffic hazard by obstructing views;
    • allowing a tree, plant or sign to encroach onto a footpath or road;
    • failing to clearly identify a property with a Council allocated number;
    • failing to have and use a vehicle crossing to access land from a road, retaining a vehicle crossing that is no longer required or failing to comply with a vehicle crossing notice;
    • selling or hiring a parking permit, using a forged or counterfeit parking permit or failing to comply with parking permit conditions;
    • obtaining a permit by false representations, failing to produce a permit or failing to comply with permit conditions; and
    • failing to comply with a Notice to Comply or direction from an authorised Council officer.

The objectives of the proposed Council Meeting Procedure are to:

  1. provide for the peace, order and good government of the Municipal District;
  2. provide for the administration of Council’s powers and functions;
  3. regulate proceedings at meetings of Council or a special committee and other meetings conducted by or on behalf of Council where Council has resolved that the provisions of the Council Meeting Procedure are to apply;
  4. regulate proceedings for the election of the Mayor and Deputy Mayor;
  5. promote and encourage local community participation in the system of Local Government by providing mechanisms within the meeting arrangements for Council to ascertain the local community’s views and expectations;
  6. regulate the use of the Common Seal;
  7. prohibit unauthorised use of the Common Seal or any device resembling the Common Seal; and
  8. evoke the Glen Eira City Council Local Law 2009.

The general purpose of the proposed Council Meeting Procedure is to:

  • regulate the use of Council’s common seal;
  • regulate the election of the Mayor and Deputy Mayor;
  • regulate the conduct of meetings of the Council and committees, including in relation to public participation; and
  • prohibit the following matters:
    • improper use of the common seal;
    • failing to follow a direction to leave a Council meeting; and
    • disorderly conduct by a Member at a Council meeting.

A copy of the proposed Local Laws, incorporated documents and the accompanying Community Impact Statements are available for inspection, and may be obtained, during office hours at Glen Eira City Council office at corner Glen Eira and Hawthorn Roads, Caulfield. These documents are also available on Council’s websites at www.gleneira.vic.gov.au and
www.haveyoursaygleneira.com.au/local-law-review-2019

Any person affected by the proposed Local Laws may make a submission relating to the proposed Local Laws under section 223 of the Act. Written submissions to be submitted to
the Council under section 223 of the Act must be received by Council by 5 pm on 19 July 2019.

Submissions regarding the proposed Local Laws must be in writing and should be marked ‘Local Law Review Submission’ and addressed to the Chief Executive Officer, Glen Eira City Council, PO Box 42 Caulfield South 3162. Submissions in writing may also be delivered to Council’s Service Centre, corner Glen Eira and Hawthorn Roads, Caulfield or by e-mail to llr@gleneira.vic.gov.au

Council will consider any written submission relating to the proposed Local Laws in accordance with section 223 of the Act.

Any person who has made a written submission under section 223 of the Act to Council and has requested to be heard in support of their written submission is entitled to appear in person, or to be represented by a person specified in the submission, at a meeting of Council to be held in the Council Chamber, Glen Eira Town Hall, corner Glen Eira and Hawthorn Roads, Caulfield on Tuesday 13 August 2019 commencing at 7.30pm.

All submissions will be handled as authorised or required by law including under the Privacy and Data Protection Act 2014. Submitters should note that all submissions received (including any personal information contained therein) are included within the official Council agenda and minutes which are permanent public documents which are available on Council’s website. If you do not wish to be identified in agendas and minutes, please indicate this in your submission.


You are also welcome to attend a drop-in information session to speak to officers involved in the local laws review. The details of the drop-in sessions are below:
Dates: 19 June, 26 June and 3 July 2019
Time: 6pm–7.30pm
Location: Glen Eira Town Hall — Caulfield Cup Room, corner Glen Eira and Hawthorn Roads, Caulfield

For further information concerning the proposed Local Laws, contact Council’s Service Centre on 9524 3333.

Rebecca McKenzie
Chief Executive Officer

Public Notice

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