Community Local Law

Amenity, Environment and Community Protection Local Law No. 1

Notice is hereby given that, pursuant to section 119 of the Local Government Act 1989 (the ‘Act’), at a meeting of Mansfield Shire Council held 26 June 2018 Council resolved to adopt and make a local law entitled the ‘Mansfield Shire Council Amenity, Environment and Community Protection Local Law No. 1 of the year 2018’.

The purpose of the Local Law is to:

  • Provide for the peace, order and good government of the municipal district;
  • Create a safe, healthy and enjoyable environment for people who reside, work, own a business, own property in, or visit the municipal district;
  • Protect and enhance the amenity of the municipal district so that the community can enjoy a high quality of life;
  • 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;
  • 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;
  • 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;
  • 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;
  • 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;
  • Regulate the use of the Resource Recovery Centre to avoid public health, safety and nuisance problems; and,
  • Avoid any nuisance, environmental damage or public health and safety issues through the regulation of activities on building sites.

The general purpose of the Local Law is 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 and 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 as 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.

Mansfield Shire Council Amenity, Environment and Community Protection Local Law No. 1 2018(PDF, 642KB)

 

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