Local laws

The Local law is made under section 71 (1) of the Local Government Act 2020 and section 42 of the Domestic Animals Act 1994.

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.

The Nillumbik General Local Law 1(PDF, 2MB), along with the Nillumbik General Local Law 1 Procedure and Protocol Manual(PDF, 2MB), were endorsed at the Council meeting on Tuesday 13 December 2022. These documents came into effect on 22 December 2022. 

The following four local laws have now repealed:

  • Amenity Local Law (repealed)
  • Infrastructure Assets Local Law (repealed)
  • Prohibition of Fireworks Local Law (repealed)
  • Meeting Procedure Local Law (repealed)

View the Amenity Local Law 2013(PDF, 616KB) (repealed) 

View the Amenity Local Law Administrative Policy Guidelines(PDF, 751KB) (repealed) 

View the Infrastructure Assets Local Law 2013(PDF, 468KB) (repealed)  

View the Meeting Procedure Local Law(PDF, 320KB) (repealed)

View the Prohibition of Fireworks Local Law(PDF, 332KB) (repealed) 

Common issues

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

Bulk waste containers

A permit may be required to place a skip bin or bulk waste container on a road or Council land.

A completed permit application should be submitted 14 days prior to the day a skip bin or bulk waste container is to be placed on a road or council land.

The following factors ill be considered in determining whether a permit will be granted;

  • whether placement will obstruct the passage or view of pedestrians and vehicles;
  • whether the placement ill contravene any traffic control signs
  • whether hazard lights can be securely attached to the side of the skip bin or bulk waste container, so approaching motorist can identify the firm of the container
  • whether indemnity/guarantee has been provided to Council

For more information refer to Apply for a skip bin permit

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 30 days 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.

Shipping containers

A permit may be required for placement of a shipping container on any land less than 4.0 hectare throughout the Municipality.

The following conditions may apply;

  • a statement of purpose for the use of a shipping container must accompany any permit application
  • any permit issued may be subject to planning approval
  • permits for placement of shipping container on private land will be for a maximum of 12 months.
  • shipping container must not be placed in a location that is detrimental to the amenity.

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

Nillumbik General Local Law 1 Clause 37 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, 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

Most vegetation in Nillumbik generally requires Council approval to be removed or pruned. We encourage you to seek Council advice before you proceed with removing vegetation in the Shire.

Find out more about tree regulations.

Vehicles and Drones

Recreational vehicles

Any person using a recreational 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 and public holidays.
  • * No more than two recreational vehicles can be used at any one time without a permit.
  • * The use of any recreational 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

 

Apply for a permit to use a recreational 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 $185 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 30 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

Drones

A permit may be required to operate a drone in a Council reserve. Permits for drone use are only permitted for recreational use.

Refer to CASA for more information on recreational use.

when operating a drone you must:

  • only fly one drone at a time
  • always fly your drone in visual line-of-sight — this means:
    • flying only during the day
    • avoid flying through cloud, fog or smoke
    • you can always see your drone with your own eyes — not by using goggles, binoculars or another device
    • not flying behind obstacles that stop you from always seeing your drone. For example, trees, buildings or other structures.

You must not fly your drone:

  • higher than 120 m (400 ft) above ground level — that's about the height of a 35-storey building or length of a football field
  • closer than 30 m to people — other than those helping to control or navigate your drone
  • over or above people at any time or height — a crowded beach, busy road, sporting event, concert or wedding are all populous areas
  • in a way that creates a hazard to another person, property or aircraft
  • near emergency operations

An exemption for a permit to permitted activities may apply to areas prescribed by Council.

Clothing recycling bins

A permit is required to place a clothing bin on any land throughput the Municipality.

Any person or organisation wishing to place a clothing bin on any land must obtain a permit.

A completed application form should be submitted 30 days prior to the period applied for.

Clothing bin permits will be subject to the following;

  • permit will be granted for maximum 1 year
  • regular maintenance of the clothing bin
  • repairs, cleaning and graffiti removal
  • labelling of the bin, including the contact details
  • litter and rubbish dumping warning signs affixed
  • public liability insurance cover

 

 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 Governance Rule - Meeting Procedure(PDF, 876KB)

Local laws infringements

If you don’t comply with Nillumbik General Local Law 1, 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