Local Law document
Following the first round of community consultation and feedback from the community we are also making the following changes to various sections of the Local Law document.
Current:
Part 4 Governance Rules included in Local Law.
Original proposed change:
Part 4 of the Principal Local Law is repealed.
Outcome and amendment:
Amendment carried. See Part C - Assessment of significant changes (1) and (2) in the Community Impact Statement.
Part 1(5) Definition of words used in this Local Law AND (full document substitution)
Current:
'General Manager' means a member of staff occupying a second-level position in the organisational structure of the organisation as approved by Council.
Original proposed change:
'Director' means a member of staff occupying a second-level position in the organisational structure of the organisation as approved by Council. In the Principal Local Law wherever 'General Manager' is stated substitute to 'Director'.
Outcome and amendment:
Amendment carried.
Current:
This is a NEW clause which incorporates new nature strip planting guidelines: 110 Defacing/Damaging Council land.
Original proposed change:
110(3) A person must not:
(a) interfere with or use Council assets in such a way that causes damage or detriment; or
(b) any other person could be injured or suffer loss as a result of that interference or use; and
(c) attach anything to the Council asset.
(4) Notwithstanding sub-clause (1), a person may:
(a) plant vegetation on; or
(b) otherwise modify the appearance of the nature strip immediately outside land which they occupy if such planting or modification complies with the Nature Strip Planting Guidelines.
Outcome and amendment:
Amendment carried.
Current:
134 Unregistered and abandoned vehicles
Original proposed change:
134 Unregistered, abandoned and obstructing vehicles.Outcome and amendment:
Amendment carried. See Part C - Assessment of significant change (9) in the Community Impact Statements.
Current:
New sub-clause 134(3)
Original proposed change:
134(3) A Council may move or impound any vehicle that is causing an unlawful obstruction, or that is unlawfully parked or left standing.
Outcome and amendment:
Amendment carried. See Part C - Assessment of significant change (9) in the Community Impact Statement.
Current:
(3) Sub-clause (1) does not apply to:
(a) a person whose actions are authorised under a Planning Permit under the Planning Scheme;
(b) a person whose actions are required by any other legislation or by any other statutory authority; or
(c) a person acting in accordance with an instruction or direction from an Authorised Officer.
Original proposed change:
163(3) Sub-clause (2) does not apply to:
(a) a person whose actions are authorised under a Planning Permit under the Planning Scheme;
(b) a person whose actions are required by any other legislation or by any other statutory authority; or
(c) a person acting in accordance with an instruction or direction from an Authorised Officer.
Outcome and amendment:
Amendment carried.
Current:
New amendments required due to changes.
Original proposed change:
(1) In clause 13 of the Principal Local Law substitute –
A Notice to Comply may be served or given pursuant to section 315 of the Local Government Act 2020.
(2) In clause 17(1) of the Principal Local Law substitute –
(1) Where:
(a) section 117 of the Local Government Act 2020 does not apply; and
(b) the person given the direction or served with a Notice to Comply fails to comply with the direction or notice, Council or any other person, with the approval of Council, may enter upon any land on which there is any such failure to comply and do all such acts, matters or things that are required to comply with the direction or Notice to Comply.
(2) In clause 20 of the Principal Local Law repeal the words – 'as required by section 5(3)(c) of the Act'.
Outcome and amendment:
Amendments carried.