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Local Laws and Regulatory Services

All persons living within a community must abide by certain guidelines or laws in order to ensure:

  • the wellbeing and safety of each individual
  • maintenance of a healthy natural environment for both current and future community members

Community local laws are used to keep the peace and harmony within the community.  They are statutory instruments made by local governments to regulate a broad range of issues within their communities.  Local Government local laws are developed independently and are tailored to meet the specific needs of the  community and are established to reflect community needs and ensure the good rule and government of the area.

Mansfield Shire Council has two local laws:

  • Community Local Law No. 1 - General
  • Community Local Law No 2 - Meeting Procedures and Common Seal

Community Local Law No. 1 - General 

  • Regulating and controlling uses and activities on Council land and roads so that the Council is aware of uses or activities
  • Provide a safe and healthy environment so that the community within the municipality can enjoy a quality of life that meets its expectations;
  • Provide safe and fair use and enjoyment of public places;
  • Ensuring the protection and enhancement of the amenity and environment of the municipality;
  • Providing a fair and reasonable use and enjoyment of private land; and
  • Ensuring a uniform and fair administration of this Local Law.

Community Local Law No. 1 - General 2008

Community Local Law No. 2 - Meeting Procedures and Common Seal

  • a) provide for the orderly conduct of Council meetings, Special Committee meetings and other meetings conducted by, or on behalf of, the Council where Council has resolved that the provisions of the Local Law are to apply;
  • b) provide procedures for efficient, fair and open decision making;
  • c) promote and encourage community participation in the system of local government by providing mechanisms for the Council to ascertain the community’s views and expectations;
  • d) regulate and govern the: 
        (i)  election of the Mayor, the Deputy Mayor and the Chair of any Special Committee; 
        (ii)  administration of the Council’s powers and functions; 
        (iii)  use of the Common Seal; and
  • e) provide generally for the peace, order and good government of the municipal district.

Local Law No. 2 - Meeting Procedures and Common Seal 2016

Guidelines for Representation to Council meetings

Council encourages members of the community to be actively involved in Council meetings through:

  • presentations to Council to express gratitude, appreciation or to recognise a significant contribution to the Shire and its community;
  • presentations from Council to members of the public, groups and organisations to express thanks and to recognise their contributions to the Shire and its community; 
  • the receipt of joint letters/petitions; 
  • deputations from those with direct interest in any Item listed on the Agenda; and
  • the provision of up to 30 minutes of public question time at the end of each Council meeting.

Guidelines for representations to Council have been made under Clause 19.1 of Community Local Law No. 2 to assist Council, Council staff and members of the community to understand the various means through which members of the public can participate in Council meetings.

Guidelines for Public Participation in Council meetings

A new Community Local Law

Community Local Law No. 1 is under review and is currently out on public exhibition, in accordance with s119 of the Local Government Act 1989.

The proposed Mansfield Shire Council Amenity, Environment and Community Protection Local Law No. 1 of the year 2017, once adopted by Council, will revoke the existing Community Local Law No.1.

If made, the purpose of the proposed Local Law No. 1 will be to:

2.1.1 Provide for the peace, order and good government of the municipal district;

2.1.2 Create a safe, healthy and enjoyable environment for people who reside, work, own a business, own property in, or visit the municipal district;

2.1.3 Protect and enhance the amenity of the municipal district so that the community can enjoy a high quality of life;

2.1.4 Protect Council and community assets and infrastructure from damage and ensure they are maintained in a state that is fit for its intended or likely use;

2.1.5 Regulate and manage activities that may be detrimental to:    The amenity of the municipal district;    The environment of the municipal district;    The health and safety of any person; and,    The safety of property, infrastructure or assets;

2.1.6 Allow for fair and reasonable enjoyment of private land, while preventing annoying and unreasonable conditions or activities which interfere with the reasonable use or enjoyment of any other person;

2.1.7 Balance the benefits of conducting business activities on public spaces, such as roads and road reserves, with the broader community’s enjoyment and safe use of these areas;

2.1.8 Ensure that public health and nuisance issues do not arise from the keeping of animals, while acknowledging that there is a significant amount of farming and animal-keeping activity on properties across the municipal district;

2.1.9 Regulate the use of the Resource Recovery Centre to avoid public health, safety and nuisance problems; and,

2.1.10 Avoid any nuisance, environmental damage or public health and safety issues through the regulation of activities on building sites.

The general purport of the proposed Local Law, if made, will be to:

Revoke the existing Mansfield Shire Council Community Local Law No 1, revised and adopted by Council on 19 February 2008; 

Outline permit considerations for a number of activities including trading in public places, alcohol consumption, camping and caravans on private land, open air burning and livestock on roads are included for a to provide guidance around the issues to be considered when deciding upon an application;

  • Part A – OVERVIEW: outline the title, purpose and power to make the Local Law, its commencement and end date, revocation of Community Local Law No 1 (revised and adopted by Council on 19 February 2008), the application of the Local Law throughout the municipal district and definitions for terms used in the Local Law;
  • Part B – PUBLIC PLACES AND ROADS: Regulate the use of public places and roads including activities such trading, consumption of alcohol including the designation of an alcohol free zone in Mansfield township, access to Council buildings, land and municipal reserves, collection of money and overhanging vegetation;
  • Part C – COUNCIL INFRASTRUCTURE: Protect Council drainage infrastructure, ensure a permit for works within a roads reserve permit is in place prior to building work commencing on a site if works are required within the road reserve and ensure all land is provided with suitable vehicle access;
  • Part D – AMENITY & SAFETY: Protect amenity and public safety by regulating activities such as visibility at intersections, condition of private land, camping and caravans on public and private land, open air burning and use of scareguns;
  • Part E – ANIMALS, BIRDS AND LIVESTOCK: Regulate the number of animals that can be kept on land, conditions under which animals are kept, controls around noise and smell from animals, dog litter and requiring dogs to be on leads, provisions for wandering animals and the grazing and movement of livestock on roads;
  • Part F – WASTE COLLECTION SERVICE: Regulate the use of domestic garbage bins, recycling bins, use of rubbish bins in public places, bulk rubbish containers on private land, depositing of waste at the Resource Recover Centre and scavenging at the Resource Recover Centre;
  • Part G – BUILDING SITES: Ensure the provision of toilet facilities on building sites, minimise the risk of stormwater pollution, ensure refuse from building sites is adequately stored and disposed of and ensure that the address of building sites are clearly identified;
  • Part H – ADMINISTRATION: Outline provisions around the issue of permits by Council, information required to be submitted with permit applications, appeal provisions for Council’s decision, waiving of permit fees, duration of permits, conditions that may be placed on permits, considerations when assessing permit applications and processes for amending or cancelling permits;
  • Part I – ENFORCEMENT: Create offences against the Local Law, identify the discretionary powers of Authorised Officers and reasonable directions by Authorised Officers, to identify the range of enforcement options available to Authorised Officers under the Local Law including official warnings, infringement notices, notices to comply, the power to act in urgent circumstances, impounding items and appeal mechanisms for requesting a withdrawal of an official warning or notice to comply.

A copy of the Proposed Local Law and the accompanying Community Impact Statement may be inspected at or obtained from the Council office at 33 Highett Street, Mansfield between the hours of 8.30am – 5.00pm Monday to Friday. A copy of these documents is also be available for inspection at the Mansfield Library in Collopy Street, Mansfield and on Council’s website www.mansfield.vic.gov.au.

Any person may make a written submission relating to the Proposed Local Law. Written submissions must be received by 5.00pm on 27 November 2017. All submissions received by this date will be considered in accordance with section 223 of the Act.

Any person may, in their written submission, request to be provided with an opportunity to make a verbal representation, or have someone make the representation on their behalf, in support of their submission before the Special meeting of Council to be held at 10.00am on 5 December 2017 in the Council Chamber at 33 Highett Street, Mansfield.

Written submissions must be lodged at the above office of the Council or posted to Mansfield Shire Council at Private Bag 1000, Mansfield, Victoria 3724 or emailed to council@mansfield.vic.gov.au and titled ‘Section 223 Submission on Proposed Amenity, Environment and Community Protection Local Law No. 1 of the year 2017’.

All enquiries regarding the proposed Local Law should be directed to the Local Laws team on 5775 8555.

A Special meeting of Council will be held in early December to consider all submissions made. The new Community Local Law 2017 must be endorsed prior to 19 February 2018 when the existing Local Law No. 1 sunsets.