Definitions

77.1. In exercising any discretion contained in this Local Law, the Council or an Authorised Officer or a Delegated Officer will have regard to:

77.1.1. the objectives of this Local Law;

77.1.2. the Guidelines in this Local Law;

77.1.3. any Council Policies relevant to this Local Law;

77.1.4. any relevant Permit Conditions in the Local Law; and

77.1.5. any other policies adopted by the Council from time to time, provided that such policies are not inconsistent with this Local Law.

77.2. The Council may, from time to time, prepare policies for use by the Council, Council staff and other persons for the purposes of this Local Law.

77.3. Any policies that are adopted by the Council must not be inconsistent with the objectives of this Local Law, or any other documents as determined from time to time and incorporated by reference in this Local Law.

77.4. The Council may, from time to time, by resolution, amend any item in the Local Law or document incorporated by reference in this Local Law but any such change will have no force or effect until formal notification has been given through the Victoria Government Gazette. Prior to notification, such amendments do not form part of this Local Law.

77.5. In preparing any Guidelines in this Local Law, the Council must have regard to the objectives of this Local Law.

78.1. Any determinations resolved by the Council for the purposes of this Local Law and amendments to any document incorporated by reference in this Local Law resolved by the Council must be maintained by the Council in a register kept for that purpose.

78.2. The register kept for the purposes of this Clause must be made available for inspection at the office of the Council during normal office hours.

79.1. The Council or an Authorised Officer or Delegated Officer may require any Applicant for a Permit to provide additional information before dealing with an application for a Permit or an exemption and for the purposes of administering and enforcing the provisions of this Local Law.

79.2. A Person who makes any false representation or declaration (whether oral or in writing) in, or who knowing and/or willingly omits any relevant information from, an application for a Permit or exemption is guilty of an offence.

80.1. An Authorised Officer or Delegated Officer may, by serving a Notice to Comply, direct any owner, occupier or other relevant Person to remedy any situation that constitutes a breach of this Local Law.

80.2. A Person who fails to remedy a situation within the time specified in accordance with a Notice to Comply served on that Person is guilty of an offence.

80.3. If a person on whom a notice to comply is served fails to comply with the requirements of that notice to comply, Council or an Authorised Officer or any employee or any other person authorised in writing by Council, may enter upon any private land or public land on which there is any such failure to comply and do all such acts, matters or things that are required to comply with the notice to comply.

80.4. All costs and expenses incurred by Council in carrying out any acts, matters or things described are a debt due to Council from the person on wo the notice to comply was served.

When considering whether to issue a Notice to Comply, an authorised officer or a delegated officer should, where relevant, have regard to the following guidelines:

(1) A Notice to Comply must state:

(a) the clause of this Local Law that is being breached;

(b) the time within which the breach (to which the Notice to Comply relates) must be remedied;

(c) any consequence or penalty that may apply if the person served with a Notice to Comply fails to remedy the breach in accordance with the Notice to Comply; (d) the right, if any, to appeal the Notice to Comply.

(2) The time specified in a Notice to Comply must be reasonable in the circumstances, and what is reasonable will vary depending on the situation to be remedied but should take into account, as applicable:

(a) the amount of work to be performed in order to observe the notice;

(b) the degree of difficulty in remedying the breach;

(c) the availability of necessary materials or other necessary items;

(d) weather and seasonal conditions;

(e) the degree of risk or potential risk; and

(f) any other relevant factor that the authorised officer or delegated officer reasonably believes is relevant in the circumstances.

The Form for a Notice to Comply is provided in Schedule 3.

81.1. An Authorised Officer or Delegated Officer who finds any Person contravening or failing to comply with any provision of this Local Law may give that Person any reasonable direction to cease the contravention or failure to comply.

81.2. A Person to whom a direction is given under Sub-clause 82.1 must comply with that direction.

In urgent circumstances arising as a result of any failure to comply with this Local Law, an Authorised Officer or a Delegated Officer may:

82.1. take action to remove, remedy or rectify the failure without the necessity to serve a written warning or Notice to Comply; or

82.2. take any other action necessary to abate an immediate danger or threat.

When considering whether action to remedy urgent circumstances exists, an authorised officer or delegated officer must, where relevant, have regard to the following guidelines:

What is regarded as urgent circumstances and whether action should be taken will depend on the circumstances of each situation. Factors to be taken into consideration may include:

(1) Whether, in the reasonable belief of the authorised officer or delegated officer, there exists an urgent risk or threat to:

(a) public health;

(b) public safety;

(c) the environment; (d) animal welfare; or (e) any property.

(2) Whether any urgent action proposed to be taken extends no further than is necessary to cause the immediate abatement of, or to minimise the risk or danger involved

(3) Whether:

(a) the person by whose default, permission or sufferance the situation has arisen; or

(b) the owner or the occupier of the premises or property affected, is not known or cannot be found.

(4) Whether the need to take action is sufficiently urgent, and that the time involved or difficulties associated with the serving of a written warning or Notice to Comply may place a person, or any animal, property or thing at risk or in danger.

(5) Whether, if practical, a senior officer has been given prior notice of the proposed action.

(6) If urgent action is taken:

(a) the urgent action taken must not extend beyond what is necessary to cause the immediate abatement of, or to minimise the risk or danger involved;

(b) senior officer of Council should be informed of the action taken as soon as possible;

(c) details of the failure and remedying action are, as soon as possible, forwarded to the person on whose behalf the action was taken.

83.1. If an Authorised Officer or Delegated Officer detects an Animal, item or other thing in breach of, or being used contrary to, the provisions of this Local Law and, in the opinion of that Authorised Officer or Delegated Officer, the continuation of that breach or use is contrary to Clauses in this Local Law or presents a potential hazard or risk to any Person or property, the Authorised Officer or Delegated Officer may impound that Animal, item or other thing.

83.2. If an Authorised Officer or Delegated Officer has impounded an Animal, item or other thing in accordance with this Local Law:

83.2.1. the Council or an Authorised Officer or Delegated Officer must, if it is practicable to do so, serve notice of the impounding either personally or by mail on the person who appears to be the owner of the impounded thing or animal; and

83.2.2. the Council may refuse to release the impounded thing or animal until the Appropriate Fee or charge for its release has been paid to the Council.

83.2.3. Any impounded Animal, item or other thing not claimed within the time specified within any Notice of Impounding or under the provisions of any other policy may be disposed of by the Council by sale, tender or public auction, may be transferred to the municipal tip or given away.

In accordance with section 114 of the Act, the Council:

84.1. delegates to the Chief Executive Officer, each Senior Officer and to any Person for the time being acting for such persons all of the powers, discretions, authorities and considerations of the Council under this Local Law including, but not limited to, the powers, discretions and authorities subject to any Guidelines and Council Policies incorporated by reference in this Local Law, to issue or refuse any Permit, fix conditions and durations relevant to such Permit, cancel any Permit, require additional information, apply Guidelines and Policies of the Council, consider any appeals and waive the need for any Permit, or waive, or fix, or reduce, any fee or charge, or to do any act, matter or thing necessary, or incidental to, the performance or exercise of any function or power by the Council;

84.2. delegates to any Authorised Officer or Delegated Officer and to any Person for the time being acting for such persons the power, subject to any Guidelines and Council Policies incorporated by reference in this Local Law, to issue or refuse any Permit and to apply conditions to any Permit, to exercise discretions, require additional information and apply Guidelines and Policies of the Council in respect of any Permit applications, exemptions and waivers; and

84.3. delegates to each Authorised Officer or Delegated Officer the powers, discretions and authorities to act on behalf of the Council in exercising any discretion of the Council in accordance with the Guidelines in this Local Law, the issue of an Infringement Notice and the undertaking of prosecutions.

87.1. The Council may, by written notice exempt any Person or group of Persons from the need to obtain a Permit and such exemption may be conditional, may be altered and may be cancelled.

87.2. The Council may, by written notice exempt any Person or group of Persons from the need to pay any Permit fee.

87.3. An exemption from the requirement to pay a Permit fee may be cancelled or corrected in the same way as a Permit.

87.4. A Service Authority or a Person employed by, or acting on behalf of, a Service Authority is exempt from this Local Law and is not required to obtain a Permit in respect of activity to be undertaken for the purposes of the Service Authority but must notify the Council of the activity prior to its commencement.

88.1. Any Person who is aggrieved by any matter under this Local Law may make a written representation or appeal for consideration by the Council within twenty-eight (28) days of the date of the matter concerned, but the making of any written representation or appeal will not in any way remove or suspend that Person’s obligation to act in accordance with any obligations, directions or notices which are applicable under this Local Law.

88.2. Sub-clause 89.1 does not confer a right for a Person to make a submission under section 223 of the Act.

88.3. Details regarding written representations and appeal processes in relation to any Infringement Notice issued under this Local Law are found in Clause 90 of this Local Law.

88.4. Any written representation or appeal under this Local Law will be determined by an Appeals Officer separate and independent from, any Authorised Officer or Delegated Officer who made any decision, exercised any power, issued any notice or otherwise acted or refused to act under this Local Law in the matter which is the subject of the written representation or appeal.

88.5. On any written representation or appeal on any matter under this Local Law (except an appeal solely from an Infringement Notice) the decision of Council is final, excepting a review on legal grounds to the Supreme Court of Victoria.

89.1. An Authorised Officer or a Delegated Officer may serve an Infringement Notice on a Person who has committed an offence under this Local Law, requiring the Person to pay the penalty for that offence within a time specified on the issue of the Infringement Notice.

89.2. The penalty fixed for the Infringement Notice is the applicable penalty stated in the Schedule to this Local Law, or if no applicable penalty is stated in the Schedule to this Local Law, the penalty shall be 20 per cent of the maximum penalty applicable under this Local Law.

89.3. The provisions of this Clause are to be read subject to the Infringements Act 2006 as amended from time to time.

86.1. A register of any Permits issued by the Council for the purposes of this Local Law must be maintained by the Council.

86.2. Any cancellations or corrections of Permits which have been issued under this Local Law are also to be recorded in the register.

The Council’s fees and charges are determined annually by the Council in its budgeting process and are available from the Council’s website or by enquiry direct to the Council.

90.1. The Council may, from time to time, by resolution determine the fees and charges to apply under this Local Law and may include an administration or processing fee or charge. The Council must give public notice of its resolution to set or alter fees and charges.

90.2. Where a Permit is issued part way through the financial year and is to operate for the balance of that financial year, the Council may vary the normal annual fee or charge a pro rata fee which is proportionate to the period for which the Permit will apply.

In determining any fees and charges, the Council may establish a system or structure of fees and charges, including minimum or maximum or pro-rata fees or charges, if it considers it is appropriate to do so.

The Council may waive, reduce or alter any fee or charge with or without conditions upon receipt of a written submission from an applicant stating reasons why any such fee or charge should be waived, reduced or altered.

93.1. Where any provision in this Local Law prohibits any act, behaviour or thing, any Person who contravenes such provision is guilty of an offence.

93.2. Where any provision in this Local Law prohibits any act or thing between specified hours of the day or night, or during specified months of the year, or on certain days, or in, or at, specified locations or specified parts of those locations, any Person who contravenes such provision is guilty of an offence.

93.3. Where any provision in this Local Law requires any act or thing to be done, any Person who is required to do the act or thing but does not do it contravenes this Local Law and is guilty of an offence.

93.4. Any Person who is guilty of an offence against this Local Law (other than an offence described in clause 94.5) is liable to the penalty indicated in this Local Law in respect of that offence, or if no such penalty is indicated, a penalty of:

94.4.1. 10 Penalty Units for a first offence; and

94.4.2. 15 Penalty Units for any second or subsequent offence.

93.5. Where any provision in this Local Law requires that a Person obtain a Permit before engaging in a particular activity, that Person is guilty of an offence if that Person engages in that activity without a Permit authorising that activity (unless the Council in its discretion has granted an exemption for the requirement for a Permit) and is liable to the penalty indicated in this Local Law in respect of that offence, or if no such penalty is indicated, a penalty of 20 Penalty Units.

93.6. Where any Permit, or exemption from a Permit, issued under this Local Law contains any conditions, any Person who contravenes or fails to comply with such a condition is guilty of an offence.

Schedule 1 to this Local Law sets out penalties for Infringement Notice purposes, which may be issued as an alternative to prosecution in respect of non-compliance with this Local Law, where the Council or an Authorised Officer or a Delegated Officer determines to proceed by way of Infringement Notice.

Schedule 1 - Infringement Notice Penalties

Schedule 2 - Aerodrome Movement Area

Schedule 3 - Notice to Comply