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Local Laws and Legislation

 

Local Government Act 1989

 Local Government in Victoria is administered under the Local Government Act 1989  which provides a framework for the establishment and operation of councils.

State Acts and Regulations

Banyule City Council is responsible for enforcing a wide range of Local Laws and Legislation which includes State Acts and Regulations, for example:

For more information, you can visit the relevant websites or more specifically the following pages on our website:

Facts about Local Laws

  • Local laws are adopted to protect public health, safety, or amenity in a municipality. They are designed to ensure that the actions of an individual or group do not have a negative or undesirable impact on the rest of the community.
  • Local Laws are a form of regulatory instrument.
  • Local Laws cannot duplicate, overlap, conflict with or be inconsistent with existing Federal or State legislation.
  • Local Laws cannot duplicate or be inconsistent with any planning scheme.
  • Local Laws should not be created unnecessarily.  Council needs to consider whether there are alternatives to a Local Law that might better suit the needs of the community.
  • Local laws only apply within a particular municipality.
  • A council must advertise any local law that it intends to make and must consider any public submissions it receives about the local law before implementing it.
  • Council is obliged to ensure that the regulatory approach involves the least burden or the greatest advantage to its community.
  • Unless it is revoked sooner, a local law has a 10 year life and must be renewed after that time to remain valid. This ensures that local laws remain current and suitable to the purpose for which they were originally made

Banyule City Council General Local Law No. 1 (2015)

Banyule City Council General Local Law No. 1 (2015) and the Footpath Trading Policy (its incorporated document) were adopted at the Council Meeting on 23 March 2015.  The General Local Law No. 1 (2015) and Footpath Trading Policy are effective from the 15 April 2015.

Banyule City Council has another Local Law – Governance Local Law No.2 (2015) relating to the conduct of Council Meetings

Building Site / Construction Noise - Refer General Local Law No. 1 (2015)   

Purpose of the Local Law

The purposes of General Local Law No. 1 (2015) are to:

  • protect public assets;
  • provide for the safety and amenity of the municipality by controlling activities associated with building and construction work;
  • provide for the safety of road users and the amenity of the municipality and the fair and equitable use of Council land;
  • prohibit persons from damaging a municipal place;
  • provide for parking permits and to prevent the sale and trade of parking permits;
  • prohibit the consumption and possession of alcohol in a public place to protect the amenity of and the enjoyment of the public place;
  • preserve and enhance the amenity, neighbourhood character, public health and public safety;
  • minimise the impact of animals on the community;
  • protect the health and wellbeing of the community by regulating certain activities;
  • regulate the impact of business activity on the environment, public health and amenity;
  • provide for the safe and efficient collection of waste and hard waste;
  • provide for the peace, order and good government of the municipal district.

Policy Documents

In addition to controls provided for by the General Local Law No. 1 (2015), Council may by resolution adopt a Code of Practice or Policy.  The only policy incorporated into this Local Law is:

Permits Required

Under General Local Law No. 1 (2015), permits are required for all of the following activities:

  • Interference with Council Assets
  • Asset Protection
  • Building Works Hours
  • Vehicle Crossings
  • Street Stalls
  • Busking
  • Itinerant Trading (eg. Mobile food vans)
  • Charity Recycling Bins
  • Footpath Trading (eg. Alfresco dining, display of goods & A frames)
  • Occupation of Roads and Council Land
  • Obstructions on Roads and Council Land
  • Camping on Roads or Council Land
  • Recreational Vehicles
  • Parking
  • Carnivals, Festivals, Processions and Street Parties
  • Activities on Council Land (eg. Events and personal training)
  • Access to Council Land from any property or Land
  • Fires and Incinerators
  • Permitted Number of Animals Kept on Private Land

Further information about permits, including Local Laws permits and Planning and Building permits can be found in the relevant pages of our website.  Also, the Permits page of our website provides links to all types of permit applications across different functions of Council.

Infringement Notices

Council is authorised to issue infringement notices in accordance with General Local Law No. 1 (2015) and a number of State Acts and Regulations.

How to pay an infringement notice

How to contest an infringement notice

How to nominate a driver

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