Definitions

46.1. For the protection of assets vested in Council, the:

46.1.1. owner of any land;

46.1.2. builder engaged to carry out Building Work on land;

46.1.3. appointed agent; or

46.1.4. demolition contractor in the case of Building Work involving demolition, must, where deemed necessary in accordance with Council’s Asset Protection Policy:

46.1.4.1. obtain an Asset Protection Permit before carrying out any Building Work, or allowing the Building Work to be carried out on that land;

46.1.4.2. not carry out or allow to be carried out any Building Work on that land unless an Asset Protection Permit has been obtained; and

46.1.4.3. comply with the conditions of any Asset Protection Permit issued by the Council.

46.2. An Asset Protection Permit in respect of any land where Building Work is to be carried out may be issued by an Authorised Officer or Delegated Officer on completion of an application form and payment of the application fee.

46.3. An Asset Protection Permit may allow a Person to enter land from a road other than by a permanently constructed vehicle crossing;

46.4. An Asset Protection Permit may be subject to such conditions for the protection of Council’s assets and the safety of the persons or property as the issuing authorised officer determines including but not limited to:

46.4.1. requiring protection works to be done;

46.4.2. requiring the payment of a security bond;

46.4.3. requiring that any or all public assets or infrastructure damage be cleaned, repaired, replaced or re-instated within a specified time and to the satisfaction of the Council;

46.4.4. requiring the Asset Protection Permit holder to notify Council in writing immediately on becoming aware of any damage to any Council asset as a result of the building work or work associated with the building work including the delivery or removal of materials or equipment;

46.4.5. requiring a temporary Vehicle Crossing to be installed to the Council's specification before commencement of any Building Work or delivery of any equipment or materials to the land; and

46.4.6. any other condition considered necessary.

46.5. The amount of any security bond required under any Asset Protection Permit must be proportionate to the likely costs of repairing any potential damage to any existing Council Land, Road (including carriageway), channel, drain, Vehicle Crossing or other public asset arising from the works the subject of the Permit.

46.6. When the Council receives notice of the completion of the works the subject of the Permit, the land will be inspected by the Council and the amount of the security bond:

46.6.1. may be retained by the Council to the proportion necessary to offset the costs of carrying out any works to rectify any damage, provided the person who lodged the bond is first notified of the damage and declines or fails within 30 days to make good the damage at their own expense to the Council’s satisfaction; or

46.6.2. must be refunded to the person who lodged it upon the Council's satisfaction that no damage has been caused, or that any damage caused has been repaired by, or on behalf of, that person to the Council's satisfaction, or when, after 30 days of receiving notice of completion of the works, the Council has not notified the Person who lodged the bond of any damage requiring repair.

46.7. The person who lodged the bond must supplement the bond by a further payment equal to the difference between the cost of carrying out any works and the amount of the bond, if the Council is satisfied that the amount of the bond is insufficient to meet such cost and it makes a demand for such payment in writing.

46.8. Where the Council so determines, it may at its absolute discretion, agree to accept an alternative form of security to a security bond.

46.9. A person who is not one of the persons described in Sub-clause 46.1 must not:

46.9.1. carry out Building Work on land unless, in respect of the Building Work, an Asset Protection Permit has been obtained; or

46.9.2. deliver to a Building Site any equipment or materials unless an Asset Protection Permit has, in respect of the Building Work being carried out on the land, been obtained.

47.1. Where any Building Work is being carried out on any land, the:

47.1.1. owner of any land;

47.1.2. builder engaged to carry out Building Work on land;

47.1.3. appointed agent; or

47.1.4. demolition contractor in the case of Building Work involving demolition, must ensure that the Building Site is developed and managed to prevent stormwater pollution, through the contamination of run-off by chemicals, sediment, animal wastes or gross pollutants by adopting measures to:-

47.1.5. Minimise the amount of mud, dirt, sand, soil or stones deposited in the abutting roads or washed into the stormwater system; and

47.1.6. Prevent building clean up, wash down or other wastes being discharged offsite or allowed to enter the stormwater system.

47.2. A person must not deposit, or allow to be deposited, into any drain vested in the Council any Waste material other than stormwater.

48.1. For occupying a Road or Council Land and for the protection of the public, a Hoarding permit is required for the protection of assets vested in Council.

48.2. The:

48.2.1. owner of any land;

48.2.2. builder engaged to carry out Building Work on land;

48.2.3. appointed agent; or

48.2.4. demolition contractor in the case of Building Work involving demolition, must:

48.2.4.1. obtain a Hoarding Permit before:

48.2.4.1.1. occupying or fencing off part of a Road or Council Land, for any Building Work, or allowing the Building Work to be carried out;

48.2.4.1.2. blocking any Road with a Vehicle or any other machinery or temporary structure;

48.2.4.1.3. erecting a hoarding, scaffolding or overhead protective awning on or over Road or Council land;

48.2.4.1.4. using a mobile crane or travel tower to carry out Building Work on or over a Road or Council Land;

48.2.4.2. not carry out or allow to be carried out any Building Work on a Road or Council land. Unless a Hoarding Permit has been obtained; and

48.2.4.3. comply with the conditions of a Hoarding Permit issued by the Council.

48.3. A Hoarding Permit where Building Work is to be carried out on a Road or Council Land may be issued by an Authorised Officer or Delegated Officer on completion of an application form and payment of the application fee.

48.4. A Hoarding Permit may be subject to such conditions for the protection of Council’s assets and the safety of the public, persons or property as the issuing authorised officer determines including but not limited to:

48.4.1. requiring a traffic management plan;

48.4.2. requiring protection works to be done;

48.4.3. requiring the payment of a security bond;

48.4.4. requiring that any or all public assets or infrastructure damage be cleaned, repaired, replaced or re-instated within a specified time and to the satisfaction of the Council;

48.4.5. requiring the Hoarding Permit holder to notify Council in writing immediately on becoming aware of any damage to any Council asset as a result of the building work or work associated with the building work including the delivery or removal of materials or equipment; and

48.4.6. any other condition considered necessary.

48.5. The amount of any security bond required under any Hoarding Permit must be proportionate to the likely costs of repairing any potential damage to any existing Council Land, Road (including carriageway), channel, drain, Vehicle Crossing or other public asset arising from the works the subject of the Permit.

48.6. When the Council receives notice of the completion of the works the subject of the Permit, the land will be inspected by the Council. Any damage identified by the Council will be rectified by the Hoarding Permit holder or at a cost to the Hoarding Permit holder using the following means:

48.6.1. Notice to Comply issued to Hoarding Permit holder to reinstate damaged assets;

48.6.2. Council engage the works to be completed and recover the costs at the expense of the Hoarding Permit holder;

48.6.3. The amount of the security bond may be retained by the Council to the proportion necessary to offset the costs of carrying out any works to rectify any damage, provided the person who lodged the bond is first notified of the damage and declines or fails within 30 days to make good the damage at their own expense to the Council’s satisfaction; or

48.6.4. The amount of the security bond must be refunded to the person who lodged it upon the Council's satisfaction that no damage has been caused, or that any damage caused has been repaired by, or on behalf of, that person to the Council's satisfaction, or when, after 30 days of receiving notice of completion of the works, the Council has not notified the Person who lodged the bond of any damage requiring repair.

48.7. The person who lodged the bond must supplement the bond by a further payment equal to the difference between the cost of carrying out any works and the amount of the bond, if the Council is satisfied that the amount of the bond is insufficient to meet such cost and it makes a demand for such payment in writing.

48.8. Where the Council so determines, it may at its absolute discretion, agree to accept an alternative form of security to a security bond.

48.9. A person who is not one of the persons described in Sub-clause 46.1 must not:

48.9.1. carry out Building Work on a Road or Council land unless, in respect of the Building Work, a Hoarding Permit has been obtained;

48.10. An exemption applies to a Person acting contrary to this Clause where the Person is exempt under the Road Management Act 2004

48.11. An Authorised Officer or Delegated Officer may, in connection with a proposal to occupy a Road or Council land, require a traffic management plan and or a Waste management plan be provided to the Council adequately addressing any parking or Traffic or Waste management issues.

(Note: A person must not conduct any works in, on, under or over a road without the written consent of the Council as per the Road Management Act 2004.

A person must adhere to the Road Management Act 2004 – Schedule 7 unless exemptions apply under this legislation.)

An Authorised Officer or Delegated Officer may at any reasonable time enter and inspect a Building Site for the purpose of ensuring compliance with any provision of, or a Permit issued under, this Local Law.

50.1. Where any Building Work is being carried out on any land, the:

50.1.1. owner of the land;

50.1.2. builder engaged to carry out Building Work on the land;

50.1.3. appointed agent; or

50.1.4. demolition contractor in the case of Building Work which involves demolition, must to the satisfaction of the Council ensure that:

50.1.5. prior to the commencement of any Building Work on the land, the land is secured with permanent or temporary Fencing which is no less than 1.5 metres high and be capable of preventing litter from being windblown from the site

50.1.6. all builder's refuse is contained on the site in a Refuse Container

50.1.7. The requirement to provide a Refuse Container may be waived at the discretion of an Authorised Officer if it is considered by the Authorised Officer that the building work is unlikely to generate enough refuse to warrant the provision of a Refuse Container

50.1.8. no builder's refuse is deposited in or on any land other than within the fenced area of a Building Site

50.1.9. no builder’s refuse is deposited in or over any part of the Municipal Stormwater System

50.1.10. all builder's refuse, whether or not in any Refuse Container, is disposed of within seven (7) days of completion of the Building Work or the issue of an occupancy permit, whichever occurs last

50.1.11. no soil, earth or clay is deposited onto any Road from any Vehicle used on a Building Site or a site of excavation or filling of any land

50.1.12. all work on a Building Site is carried out so as not to emit excessive or Offensive dust into the air so as to cause detriment to surrounding and adjoining areas. Penalty: 15 Penalty Units.

The:

51.1. owner of any land on which Building Work is being or is to be carried out;

51.2. builder engaged to carry out Building Work on land;

51.3. appointed agent;

51.4. driver of any Vehicle involved in placing or removing a Refuse Container on the land; or

51.5. demolition contractor in the case of Building Work involving demolition, in respect of the Building Work, must ensure that:

51.6. entry takes place only across a temporary Vehicle Crossing unless otherwise permitted by the Council

51.7. no materials are deposited on any part of a Road or Council Land without the approval of the Council.

Prior to the commencement of any Building Work, the:

52.1. owner of the land;

52.2. builder engaged to carry out Building Work on the land;

52.3. appointed agent; or

52.4. demolition contractor in the case of Building Work which involves demolition, must to the satisfaction of the Council provide adequate and appropriate Building Site identification including:

52.4.1. the builder's business name and postal address;

52.4.2. the builder's contact phone number; and

52.4.3. the site address, including lot number.

52.5. All Building Site identification must be visible from the road at all times and must remain in place until such time as the Building Work is completed and the Building Site is cleared prior to occupancy.

53.1. A Person must not, without a Permit, construct, install, remove, relocate or alter a Vehicle Crossing, whether temporarily or permanently. Penalty: 20 Penalty Units

53.2. Each owner and occupier of land must not, without a Permit:

53.2.1. construct or allow to be constructed; or

53.2.2. use or allow to be used a second or subsequent Vehicle Crossing to service the land.

The owner of the land must, at his or her own cost, ensure that any Vehicle Crossing between the Road and the boundary of such land is maintained and kept in good condition.

55.1. Council or an Authorised Officer or Delegated Officer may direct:

55.1.1. the construction of a temporary or permanent Vehicle Crossing;

55.1.2. the repair or reconstruction of a Vehicle Crossing; or

55.1.3. the removal of a Vehicle Crossing, and the reinstatement of any kerb, channel, Footpath or other areas to the satisfaction of the Authorised Officer, by the owner or occupier of any adjacent land at his or her cost.

55.2. Each owner or occupier of land to whom a direction has been given under this clause must comply with that direction by applying within 2 business days for a Permit to do the thing which is directed.

73.1. Any municipal landfill and any recycling and waste transfer facilities or resource recovery centre available for the disposal of Waste may be subject to the fees, charges, terms and conditions as determined by the Council from time to time.

73.2. A Person using a municipal landfill, recycling and waste transfer facility or resource recovery centre:

73.2.1. must pay the fees and charges and comply with the terms and conditions determined by the Council for use of the landfill, facility or centre;

73.2.2. must deposit Waste in accordance with the directions of the facility attendant or Authorised Officer or Delegated Officer and in accordance with any signs erected at the landfill, facility or centre;

73.2.3. may only deposit material designated by the Council from time to time;

73.2.4. may only deposit material permitted by any Environment Protection Authority Site Licences applying to the landfill, facility or centre from time to time; and

73.2.5. must not deposit any hazardous, dangerous or infectious materials.

73.3. A Person must not deposit any Waste at any municipal landfill, recycling and waste transfer facilities or resource recovery centre which is not at the time of deposit open to accept such Waste or any such category of Waste.

73.4. A Person employed, authorised or contracted by the Council for a specific purpose is exempt from sub-clauses 74.1, 74.2 and 74.3 of this provision to the extent of that purpose.