Local laws

Overview

Under the Local Government Act 1989 (Victoria), Council has the authority to create and enforce local laws. 

Local laws are intended to protect public health, safety and amenity throughout the shire. The laws are made in consultation with the community to deal with local issues and to meet local needs. They also assist Council in carrying out its functions and powers. 

Council’s local laws include offence provisions and a breach of these provisions may result in issuing of legal notices to comply, infringements and /or prosecution.

Council currently has four local laws:

  • Amenity Local Law
  • Infrastructure Assets Local Law
  • Prohibition of Fireworks Local Law
  • Meeting Procedure Local Law (partially revoked August 2020)

 

Amenity Local Law

The objectives of the Amenity Local Law are to provide for:

  • Safe and fair use and enjoyment of public places
  • Safe and fair use of roads
  • Regulation of street activities
  • Keeping and control of animals
  • Fair and reasonable use and enjoyment of private land
  • Uniform and fair administration of this Local Law
  • Peace, order and good government of the municipality

The Amenity Local Law currently regulates:

  • Behaviour in public places
  • Consume liquor in public places
  • Specific activities:
    • Advertising signage
    • Clothing bins
    • Collections, busking and solicitation
    • Shopping trolleys
    • Trading
    • Actions to Council land
    • Scare guns
  • Animals:
    • Dog excrement
    • Confining livestock
    • Number of animals on land
    • Livestock noise
    • Dogs prohibited in markets
  • Amenity
    • Alarm systems
    • Chimneys
    • Incinerators
    • Waste collection
    • Trade waste
    • Motorised toy vehicles
    • Identification of premises
    • Camping
    • Unsightly land
    • Encroaching/overhanging vegetation
    • Open air burning
    • Waste containers
    • Parking of vehicles
    • Repair and sale of vehicles on roads
    • Caravans
    • Circuses, carnivals and festivals

The Amenity Local Law was approved by Council on 26 November 2013, and came into effect on 6 December 2013.

View the Amenity Local Law 2013(PDF, 616KB)

View the Amenity Local Law Administrative Policy Guidelines(PDF, 457KB)

Common issues

The list below is for the more common issues that we receive questions about from our residents, businesses and visitors.

Burning off

Busking and fundraising

If you want to busk on land owned or managed by Nillumbik Shire Council you may need a permit.

Council land includes:

  • local roads not maintained by VicRoads
  • footpaths and nature strips
  • parks, reserves and playgrounds.

If you don't have a permit, you may get a fine.

Busking includes any form of public entertainment that you provide to raise funds for personal gain or to donate to charity.

Apply for a busking permit

If you want to run a street stall or fundraising collection in the Eltham Town Square rotunda, you will need a permit.

Apply for a permit to run a street stall or fundraise

Caravans

A caravan may be parked on a residential street, provided that the caravan is parked legally and properly registered. The caravan must be no more than 7.5m in total length, and no more than 4.5 tonne.

Living in a caravan is not permitted in this municipality unless it is in a registered camping area.

Residents who are building on a vacant block may apply for a permit to live in a caravan for up to six months while building works are being undertaken. There are also conditions that must be complied with in relation to waste water disposal.

Apply for a permit to occupy a caravan

Footpath trading

Businesses require a permit to place merchandise, signage (including A-frame signs) or eating facilities (including tables and chairs) on Council land.

Find out more about footpath trading and other business permits.

Overhanging vegetation

Shrubs and trees from private property are the responsibility of the property owner. Any branches that protrude from your property over footpaths and walkways must be trimmed.

If your property is at an intersection, check that vegetation is not a danger to traffic or obscure the view of drivers.

Rubbish bins

Rubbish bins must be brought onto your property within 24 hours of collection. Fines may be issued for bins which are repeatedly left out.

For more information see Bin collection.

Signs

Most signs that are erected in Nillumbik require planning approval to ensure they are safe and do not negatively impact community amenity.

Signs can not be erected, fixed or placed on Council land without a permit. Vehicles can not stop, stand or be left for the purpose of displaying an advertising sign on Council land without a permit.

Without a permit, advertising signs, merchandise, banners, flags, bunting or decorations may not be attached to any verandah or awning which is above or overhanging Council land.

If you see a sign that is dangerous or does not have planning approval, you can report it to Council and we will investigate.

Report illegal signage

Temporary signage for community events

Nillumbik Shire Council adopted a Temporary and Community Events Signage Policy on 15 September 2020, which creates a framework for local community and not-for profit groups to advertise upcoming events. The policy also incorporates emergency management, banner, real estate and a-frame signage requirements. This policy creates a clear, consistent and transparent framework to guide the approval process for the use of flags, banners, real estate and temporary signage to ensure appropriate use across the municipality.

The policy increases the amount of locations that event signs can be placed, as well as introducing 'What's on' Signage, which will add an additional 5 locations that upcoming events can be advertised using core-flutes and banners.

View the Temporary and Community Events Signage Policy(PDF, 759KB)

Trolleys

Shopping trolleys must not be left on any Council land, except in an area set aside for the purpose of storing shopping trolleys.

If you have seen an abandoned shopping trolley, you can report it.

Report an abandoned trolley

Unsightly property

Council's Amenity Local Law Clause 28 requires property owners and occupiers to maintain their properties throughout the year.

The owner or occupier of the land must make sure that the property:

  • does not become unsightly,
  • does not constitute a danger to health or property,
  • is not detrimental to the general amenity of the neighbourhood, and
  • is not a haven for noxious weeds or pest animals.

An unsightly property can be described as having any of the following:

  • unconstrained or excessive rubbish
  • disused excavation, machinery, vehicles or waste material
  • accumulated items
  • excessive vegetation, including grass or weeds exceeding 200mm in height
  • graffiti which is visible to the public

If you become aware of a property that is unsightly, you can report it to Council and we will investigate.

Report an unsightly property

Vegetation removal

If you want to remove vegetation from your naturestrip or roadside, you may need permission from Council, depending on what kind of vegetation you are proposing to remove.

Find out more about applying for a permit to remove vegetation from Council land.

Vehicles

Motorised toy vehicles

Any person using a motorised toy vehicle on private land that exceeds two hectares and has a dwelling/residence, is exempt from requiring a permit.

  • The vehicle can only be used between the hours of 7am and 8pm Monday to Friday, and 9am and 8pm weekends.
  • No more than two motorised toy vehicles can be used at any one time without a permit.
  • The use of any motorised toy vehicle must not create any dust which detrimentally affects neighbouring properties.
  • The vehicle/s must not be used on any of the following days:
    • Total Fire Ban
    • Severe, Extreme and Code Red Days
    • Smog alert days
    • Good Friday
    • Christmas Day
    • New Years Day.

Apply for a permit to use a motorised toy vehicle

Advertising vehicles for sale

Vehicles advertised for sale cannot be parked on nature strips, roads or Council reserves.

Municipal Laws Officers conduct regular patrols and issue fines of $200 for vehicles parked for the purposes of advertising, under Local Law provisions.

Parking

See the parking page for information on spaces, permits and restrictions.

Abandoned or derelict vehicles

A person must not leave an unregistered vehicle or abandon a vehicle on any road or parking area under the control of the Council or on Council land.

Vehicles found in this condition can be impounded and sold by Council.

Contacting the owner

Council will make a reasonable attempt to contact the registered owner to request the vehicle be removed.

If the vehicle is unregistered, enquiries will be made as to ownership, in the immediate neighbourhood.

The time allowed for removal will be based on the circumstances. If any danger or obstruction might result, immediate removal is required.

Removal and impounding

Where an owner cannot be identified or contacted, or fails to obey a direction to remove the vehicle from a public road, the vehicle (including goods and chattels in or on the vehicle) will be removed and impounded.

The owner, if known, will be contacted within four days and advised of the rights and procedures for release of impounded items.

Disposal

If a vehicle remains unclaimed for 14 days the Council will proceed to sell it via a tender process, give it away or otherwise dispose of the vehicle.

  • Inspection of these vehicles can be arranged by appointment between 9am -11am Monday to Friday. Contact Council’s Community Safety Department on 9433 3111
  • All vehicles currently impounded are available for tender. 
  • Tenders, on an approved form, must be placed in the Tender Box located at the Nillumbik Shire Offices, Civic Drive, Greensborough
  • If you are the successful tenderer, the vehicle must be removed from Council's pound facility within five (5) days of the tender being accepted.
  • All vehicles are sold without any guarantee or warranty.

Reporting an illegally parked or abandoned vehicle

If you are aware of a vehicle that has been abandoned or is parked illegally, you can report it to us and we will investigate.

Report an illegally parked or abandoned vehicle

 

Infrastructure Assets Local Law

The purposes of the Infrastructure Assets Local Law are to:

  • Provide for the peace, order and good government of the Municipal District
  • Protect public assets vested in Council from damage, accelerated deterioration or abuse during the building works process
  • Providing a physical environment which aims to minimise hazards to the health and safety of persons attending building sites and those adjacent, opposite or passing building sites
  • Prohibiting, regulating and controlling the presence and disposal of refuse, rubbish and soil on and from building sites within the municipal district to reduce hazards to the environment and promote an environment where residents can enjoy a quality of life that meets the general expectation of the community
  • Defining the standards to which persons engaged in building works should adhere; and
  • Educating and inducing persons involved in building works to act responsibly to reduce the extent and cost of infrastructure damage for the benefit of the wider community.

The Infrastructure Assets Local Law currently regulates:

  • Asset protection
  • Inspections
  • Equipment and materials delivery
  • Fencing
    • Site fencing
    • Site identification sign
  • Stormwater
    • Stormwater protection
    • Drains and water courses
    • Stormwater drainage connections
  • Vehicle crossings
    • Construction of a vehicle crossing
  • Control of builders refuse
    • Containment of refuse
    • Disposal of builders refuse
    • Removal of builders refuse
  • Sanitary facilities building sites
    • Sanitary facilities

The Infrastructure Assets Local Law was approved by Council on 26 November 2013, and came into effect on 6 December 2013.

View the Infrastructure Assets Local Law 2013(PDF, 468KB)

 

Prohibition of Fireworks Local Law

The objectives of the Prohibition of Fireworks Local Law is to prohibit the discharge of fireworks in certain parts of the municipality:

  • To restrict activities in a bushfire prone rural environment that can impact on the health and wellbeing of residents, specifically those who have experienced catastrophic bushfires;
  • To reduce the risk of danger and injury to animals and wildlife arising from the discharge of fireworks;
  • To address nuisance, amenity and environmental impacts of fireworks activities;
  • Apply standards that address safety matters directed at reducing risk to the community.

The Prohibition of Fireworks Local Law was approved by Council on 25 September 2019, and came into effect on 19 October 2019.

View the Prohibition of Fireworks Local Law(PDF, 332KB)

 

Meeting Procedure Local Law

Council's Meeting Procedure Local Law came into effect on 7 July 2017.

From 25 August 2020, Clauses 1 to 14 of the Meeting Procedure Local law ceased to be in operation, having been superseded by Council's Governance Rule - Meeting Procedure.

The objectives of the Governance Rule - Meeting Procedure are to:

  • Regulate proceedings at Council meetings, or a delegated Committee meeting and other meetings conducted by or on behalf of Council where Council has resolved that the provision of this meeting procedure are to apply
  • Facilitate community engagement by providing opportunities at meetings for community members to express their views
  • Ensure the efficient and orderly conduct of meetings; and
  • Ensure the peace, order and good government of the municipal district.

View the Meeting Procedure Local Law (superseded August 2020)(PDF, 320KB)

View the Governance Rule - Meeting Procedure(PDF, 876KB)

 

Local laws infringements

If you don’t obey the law, don’t comply with permit conditions, or if you fail to comply with a Notice to Comply or Warning Notice within the specified time, you are guilty of an offence and may be issued with an Infringement Notice.

You must pay your fine by the due date or the matter will be forwarded to Fines Victoria.

Pay a local laws fine