Current:

Beyond Council’s Vehicle Crossing Policy, there are currently no criteria in the Local Law to reflect how vehicle crossing applications are assessed.

Original proposed change:

Part 6 – Vehicle Crossings

Introduction

The removal, maintenance and construction of a vehicle crossing is regulated by the Road Management Act 2004 (RMA). However, a ‘consent’ under the RMA may be evidenced by a permit issued under the Local Law.

Applications

An application for the removal, maintenance or construction of a vehicle crossing will be considered in accordance with the Vehicle Crossing Policy and the following:

(a) whether an existing vehicle crossing is already in existence;

(b) the effect of the proposed vehicle crossing on the amenity of the neighbourhood;

(c) the impact on Council assets including trees, tree roots and the ongoing health of the tree;

(d) the impact the proposed vehicle crossing on traffic, parking and community safety;

(e) any other relevant matter.

Outcome and amendment:

Amendments carried.

Current:

Part 7 removed and now incorporated within 'Part 17 Permits'

Original proposed change:

Clause 115 – "Asset Protection Permit" is now (unchanged and) incorporated within 'Part 17 Permits'

Outcome and amendment:

New amendment carried.

Current:

A list of Council Reserves is listed at Schedule 4.

Original proposed change:

Outcome and amendment:

Amendment carried.

Current:

Original proposed change:

Outcome and amendment:

Amendment carried.

Current:

Part 16 – Sanitation

Domestic and recycling waste collection

In addition to the requirements at clause 174 of the Local

Law the owner and occupier of land to which a domestic waste collection service or a domestic recycling collection

service must:

(a) place or cause to be placed on the nature strip or footpath no more than the number of Approved Receptacles allocated to the land

(b) ensure that the Approved Receptacle is placed on the nature strip or footpath no earlier than 3pm on the day prior to the day of the domestic waste or domestic recycling collection and no later than 4am on the day of after the domestic waste or domestic ecycling collection

(c) not place an Approved Receptacle so that it creates an obstruction or is a hazard to other footpath or road users

(d) ensure that the Approved Receptacle does not cause a nuisance to adjoining premises

(e) not remove an Approved Receptacle that has been supplied by Council from land to which it has been assigned by Council unless the person has the written consent of Council or an Authorised Officer

(f) not place or allow to be placed any hot materials in an Approved Receptacle

(g) not place or allow to be placed an Approved Receptacle on a road that causes damage to the Approved Receptacle (h) pay to Council the cost of repairing or replacing

an Approved Receptacle in the event of an Approved Receptacle being damaged, destroyed, lost, stolen or missing (except where it is stolen and the theft has been reported promptly to Victoria Police and a statutory declaration to that effect is provided to Council).

Original proposed change:

Part 16 - Sanitation

Waste Collection

Unless otherwise authorised by Council, the occupier of land from which waste is to be collected must:

(a) place or cause to be placed on the nature strip or footpath no more than the number of waste or recycling receptacles approved for use at the land;

(b) ensure that the Approved Receptacle is placed on the nature strip or footpath no earlier than 3.00 pm on the day prior to the day waste is collected and no later than 4.00 am on the day after waste is collected.

The owner, occupier and person in charge of land must not, without a Permit, allow a waste receptacle to remain on a Road:

(a) after the day of collection;

(b) before 3.00 pm on the day before collection; and

(c) (for commercial or trade waste collection) after collection or immediately upon arrival at the land of the operator or a staff member of the business, but no later than 24 hours after collection.

A waste receptacle must not be removed from the land or placed on a Road unless in accordance with:

(a) the Local Law;

(b) a Permit; or

(c) any other legislation.

Recyclable Material must be placed in the Approved Receptacle and left for collection in the manner prescribed by Council.

Outcome and amendment:

NEW change and new formatting, as result of Local Law amendment.

Current:

New change.

Original proposed change:

Approved Receptacles Supplied by Council

(1) An approved receptacle which has been supplied by Council must not be taken from land to which it has been assigned by Council unless the person has the written consent of Council or an authorised officer.

(2) A person must not:

(a) place or allow to be placed any hot materials or other material in an approved receptacle; or

(b) place or allow to be placed an approved receptacle on a road which causes damage to the approved receptacle.

(3) A person who damages an approved receptacle is liable for, and must pay to Council, the cost of repairing or replacing the approved receptacle.

(4) The owner and occupier of any land to which an approved receptacle has been supplied by Council is liable for the cost of replacing it in the event of it being damaged, destroyed, lost, stolen or missing (except where it is stolen and the theft has been reported promptly to a member of the Police Force and a statutory declaration to that effect is provided to Council).

Outcome and amendment:

NEW change and new formatting, as result of Local Law amendment.

Current:

Trade waste bins and hoppers

In addition to the requirements at clause 175 of the Local Law the owner, occupier or person in charge of land must not allow an approved receptacle to remain on a road:

(a) the day after collection of the waste receptacle

(b) before 3pm on the day before the waste collection, or

(c) no later than 24 hours after collection if the waste collection occurs on a day when the business on the land is closed.

In addition to the requirements at clause 175 of the Local law the owner, occupier or person in charge of land must ensure a waste receptacle is:

(a) kept in a clean and sanitary condition at all times

(b) kept free of graffiti

(c) maintained in a condition fit for its purpose

(d) replaced if damaged

(e) kept in a manner to ensure easy movement and not to damage Council assets, and

(f) marked to clearly identify the owner of the waste receptacle

Original proposed change:

Trade Waste Bins and Hoppers

The owner and occupier of land on which a waste receptacle used for the collection and storage of industrial waste must:

(a) construct on the land an area for the storage of the waste receptacles which is supplied with reticulated water so that the waste receptacle can be adequately cleaned; and

(b) ensure that the area constructed is screened from view, maintained in a clean and sanitary condition and fenced in such a manner to deny access to the public.

Household Waste Collection and Storage

An approved waste receptacle on private land must:

(a) be placed so that it does not detrimentally affect the surrounding area by its presence, appearance or odour; and

(b) not be placed so that it creates an obstruction or other safety related issue.

Storage of trade waste

All trade waste hoppers must:

(a) be kept in a clean and sanitary condition at all times;

(b) be kept free of graffiti;

(c) be maintained in a condition fit for its purpose;

(d) be replaced if damaged;

(e) be kept in a manner to ensure easy movement and not to damage Council assets; and

(f) clearly identify the owner of the Hopper.

Outcome and amendment:

NEW change and new formatting, as result of Local Law amendment.

Current:

The form of a Permit is set out in Schedule 2.

Original proposed change:

Part 17 now incorporates (unchanged) "Asset Protection Permits" and (unchanged) 'Hoarding, Scaffolding and Overhead Protective Awning'.

Outcome and amendment:

NEW change to format/location.

Current:

All ‘his or her’ or ‘he or she’ statements

Original proposed change:

(1) In the Principal Local Law wherever he or she or his or her is stated substitute to ‘their’.

Outcome and amendment:

Amendment carried.

Current:

168 Person fails to collect and dispose of animal excrement or have a litter device: 2 penalty units.

Original proposed change:

168 Person fail to collect and dispose of animal excrement or have a litter device: 3 penalty units

Outcome and amendment:

Amendment carried.

Current:

List of penalties is currently silent on the offence of ‘failing to comply with the condition of a permit’.

Original proposed change:

197(e) Failure to comply with a condition of a Permit: 5 penalty units

Outcome and amendment:

Amendment carried.

Current:

'Footpath Trading Code'

Original proposed change:

(3) In the Principal Local Law wherever “Footpath Trading Code” is stated substitute to 'Footpath Trading Policy'.

Outcome and amendment:

Amendment carried.

Current:

Existing fixed furniture is permitted within designated footpath trading areas (although this is currently not an option for new applications)

Original proposed change:

Consideration will be given to allowing semi-fixed furniture, barriers and umbrellas for new and existing footpath trading areas.

Outcome and amendment:

Amendment NOT carried.