Definitions

An owner or occupier of any land must not cause or allow the land or any structure on the land to be kept or remain in a manner which:

10.1. is unsightly or detrimental to the general amenity of the neighbourhood in which it is located; or

10.2. through accumulation or hoarding of rubbish, Waste or other materials gives the appearance of neglect and is out of character with other Allotments in the vicinity.

An owner or occupier of any land must not cause or allow the land to be kept or remain in a manner which is dangerous or likely to cause danger to a Person, life or property, including but not limited to land which is:

11.1. used without a Permit for the storage of any substance which is dangerous or is likely to cause danger to a Person, life or property;

11.2. occupied by any unsecured dangerous object or thing; or

11.3. occupied by an unfenced or unsecured hole or excavation.

The owner or the occupier of land on which is located any building or other structure which is unoccupied, unfit for occupation or normal use, or not occupied most of the time:

13.1. must not permit any structure to become dilapidated or further dilapidated;

13.2. must take all reasonable steps to secure the building and land from unauthorised access;

13.3. must maintain any building in a state of good repair and appearance, including undertaking temporary repairs as required to ensure on-site safety and security and to avoid the appearance of neglect that is out of character with other Allotments in the vicinity;

13.4. must not allow any Graffiti to remain on any building, wall, Fence, post or other structure or object erected on that land;

13.5. will commit a new offence under this Local Law for every 14 days any breach of this Clause continues unless effective works have been undertaken to remedy any breach.

Guideline

Run-down, badly maintained or neglected structures can fall into disrepair, reduce neighbouring property values, encourage unauthorised occupation, attract anti-social or criminal behaviour, attract vermin and reduce community perceptions of amenity and safety. Consequently, the Council requires owners and occupiers to maintain their buildings and structures to avoid these problems.

For the purposes of sub clause (1), a building on premises is considered to be dilapidated if:

13.5.1 the exterior of the building is in a state of disrepair and has been damaged or defaced so as to:

13.5.1.1 Affect the visual amenity of the premises; or

13.5.1.2 Cause the building to be out of conformity with the general standard of appearance of other buildings in the vicinity of the premises;

An owner or occupier of land must:

14.1. not allow the land to contain any thing which constitutes or is likely to constitute a fire hazard.

14.2. maintain any vacant Allotment in a Built-Up Area by regular mowing to maximum height of 100 mm.

14.3. A person who commits an offence under Sub-clause 12.1 or 14.2 must remove and rectify any fire hazard or mow the Allotment within fourteen (14) days of being directed to do so by an Authorised Officer or Delegated Officer or other reasonable time determined by the Council.

14.4. If a person (the offender) fails to remove and rectify any fire hazard or mow as directed under Sub-clause 14.3 the Council may remove and rectify the hazard or undertake the mowing and recover the cost of the removal and rectification or mowing from the offender.

15.1. A Person must not burn, or cause, or allow to be burnt, in the open in any part of the Municipal District:

15.1.1. any Offensive materials; or

15.1.2. any materials that may cause Offensive emissions of smoke and odour to enter any neighbouring property.

15.2. A Person must not, without a Permit, burn outside, or cause, or allow to be burnt outside on any land in the Municipal District, any materials, whether in the open air or in any built or manufactured Incinerator or similar device. No permit is required for burning outside fire restriction periods for properties within the farming zone and properties within the rural living zone that exceed 2 hectares in area.

Guideline

A permit to burn should not be issued in Built Up Areas in the absence of the applicant establishing a compelling reason as to why the material proposed to be burnt cannot or ought not to be disposed of via Council’s waste collection.

Note – Pursuant to Clause 7.3, any burning during a declared Fire Danger Period must adhere to the Country Fire Authority Act 1958 requirements.

15.3. A Person who has lit or allowed a fire to be lit or remain alight, or has burned or caused or permitted to be burned any materials, contrary to this Clause, must extinguish the fire or burning materials immediately on being directed to do so by an Authorised Officer or Delegated Officer.

15.4. The following exemptions apply in respect of this Clause:

15.4.1. With respect to Sub-clause 15.2:

15.4.1.1. a permanent or portable Barbeque for the purpose of cooking food or properly constructed or manufactured fireplace for the purpose of outdoor heating that is fit for purpose and designed constructed, located and installed in a manner that will prevent detrimental offsite amenity impact; or

15.4.1.2. for the purpose of meal preparation or personal comfort outside of a Built Up Area if:

15.4.1.2.1. the air movement in the vicinity of the fire is no stronger than 10km per hour;

15.4.1.2.2. the fire is lit in a properly constructed fireplace or in a trench at least 30cm deep;

15.4.1.2.3. the ground and airspace within a distance of 3m from the outer perimeters and uppermost point of the fire are clear of flammable material;

15.4.1.2.4. the fire does not occupy an area in excess of 1m² and the size of the fire and the dimensions of solid fuel used are the minimum necessary for the purpose; and

15.4.1.2.5. the fire is monitored by the Person(s) benefitting from the fire until it is completely extinguished.

15.4.2. Council staff members and any Person contracted or authorised by the Council for the purpose may, without a Permit, undertake controlled burning-off as a part of normal reserve maintenance on any Council Land or Road;

15.4.3. Fire Agencies carrying out training or fire hazard reduction activities; and

15.4.4. An Authorised Officer or Delegated Officer may grant exemptions to any part of this Clause in special or unusual circumstances, such as in emergencies, urgent circumstances or natural disasters.

Note that permits cannot be issued under sub-clause 15.2 during a Fire Danger Period declared under the Country Fire Authority Act 1958. Fire Danger Period and Total Fire Bans must be complied with. Some situations may not require a Local Laws permit.

A Person must not allow, cause or permit Offensive emissions of noise, smoke, dust, ashes, odour, waste or any other thing to enter or continue to enter a neighbouring property.

A Person must not, without a Permit, light or cause or allow to be lit any fireworks on any land.

18.1. A Person, must not, without a Permit, camp on any land other than Council Land unless:

18.1.1. the Person is within a registered caravan park, Camping Area or other area determined to be available for camping purposes by the Council; or

18.1.2. the Person is the owner or occupier of the land or has the permission of the owner or occupier, and:

18.1.2.1. camps for a maximum period of 60 days in any six (6) month period, provided that sanitation and laundry facilities of a Dwelling located on the land are available to all persons camping; or

18.1.2.2. camps for a maximum period of 30 days in a 12 month period, in the case of vacant land outside a Built Up Area.

Guidelines for determining whether to grant a Permit to allow a Person to camp

(1) In determining whether to grant a permit to allow camping in an area which is on any land other than Council land, is not a registered caravan park and has not been declared by the Council to be a ‘camping area’, the Council or an authorised officer or a delegated officer must, where relevant, have regard to the following guidelines:

(a) the location of the land;

(b) the land-use of the applicant’s land and that of adjoining allotments;

(c) the suitability of the land for camping including extent of screening from neighbours;

(d) the number of tents or other structures to be located on the land;

(e) the length of time the tents and other structures will be erected on the land;

(f) on properties of less than 0.5 hectares, only one caravan or campervan may be placed on the land for camping purposes;

(g) the availability of sanitation and laundry facilities to the land or in a Dwelling on or adjoining the land;

(h) any likely damage to be caused; and

(i) any other matter the authorised officer or delegated officer reasonably believes is relevant to the application.

(2) In determining whether to re-issue, extend, vary or cancel a permit to camp or occupy a campsite on any land other than Council land the Council or an authorised officer or a delegated officer must, where relevant, have regard to where camping is on vacant land unsupervised by the occupier whether the applicant campers are compliant with the following campsite guidelines:

(a) at all times maintaining the campsite in a clean and tidy condition including but not limited to no unconstrained rubbish which is likely to become litter;

(b) prior to vacating the campsite, removing all litter (including remnant human excreta and toilet paper) and other refuse from the campsite to a Council authorised disposal point;

(c) providing approved toilet facilities;

(d) any other matter the authorised officer or the delegated officer reasonably believes is relevant to the application.

A Person must not, without a permit or unless under the provisions of the Ballarat Planning Scheme:

19.1. cause or allow a shipping container to be placed on any Council Land or Road or

19.2. allow any shipping container to adversely impact the visual amenity of a neighbourhood.

19.3. Sub-clause 19.1 does not apply to the Council or any person employed, contracted or authorised by the Council for the purpose.

Guidelines

Guidelines for determining whether to grant a permit for a shipping container on any land other than Council land or a road:

(1) The permit for a shipping container will be for a number of days or up to the date on the permit.

(2) If the authorised officer or the delegated officer reasonably believes the shipping container on the land other than Council land or a road will create a traffic hazard, obstruction or other danger to the public, the applicant may be required to take out a public liability policy of insurance (minimum $10 million) in which case, prior to the issue of the permit or the placement of the container, the Council must be provided with a Certificate of Currency of the public liability policy of insurance for the application.

(3) The shipping container must not be placed on any Council land or on a road, kerb, footpath or nature strip unless specifically permitted at a nominated location.

(4) Any concerns that the authorised officer or the delegated officer may have about safety must be satisfactorily resolved prior to the issuing of a permit. It is the permit holder’s responsibility to ensure the container does not represent an unacceptable risk to the health and safety of the public or any other person, which includes but is not limited to securing the container either open or shut when unattended to prevent accidental imprisonment and/or suffocation.

(5) The applicant must not intend to use or actually use the container as a permanent structure. If the applicant indicates an intention to use the container as a permanent shed, the applicant should be informed that an application for a Building Permit is required and a Planning Permit may be required.

(6) Any damage to any Council property caused by the placement or removal of the shipping container, including the pavement, nature strip and services is to be reinstated by the permit holder.

(7) If the shipping container on land other than Council land or a road nevertheless constitutes a traffic hazard or obstruction, the container must be appropriately treated (reflective tape and/or lights) to be sufficiently visible to prevent the hazard to the public.

(8) Any other matter the authorised officer or the delegated officer reasonably believes is relevant to the application.

Note: A building permit is required for the use of a shipping container for any use that departs from the definition of a shipping container herein, such as for use as a building for storage or a dwelling. In these circumstances, a Building permit must be obtained prior to siting and, a certificate of occupancy and final inspection prior to use.

20.1. The Council or an Authorised Officer or Delegated Officer may allocate an address number to any Allotment in the Municipal District as necessary to identify the Allotment and, from time to time, may make changes to any address number.

20.2. The owner or occupier of an Allotment that has been allocated an address number under Sub-clause 20.1 must mark or re-mark as necessary the Allotment with the current number allocated and that number must be:

20.2.1. of such form and durable material;

20.2.2. of sufficient size;

20.2.3. in such a position;

20.2.4. kept in such state of repair; and

20.2.5. kept clear of obstructions as to be clearly visible and readable under all normal lighting conditions from the road on which the Allotment has its frontage.

The owner or occupier of any land must not allow any vegetation growing on the land or any sign, structure or other thing located on the land:

21.1. to obstruct or interfere with:

21.1.1. the passage of Traffic on a Road;

21.1.2. the clear view of any driver or pedestrian lawfully using a Road of any other Vehicle, pedestrian or Traffic Control Device upon a Road;

21.1.3. the view between motor vehicles and trains at a railway level crossing that does not have gates, booms or flashing lights.; or

21.1.4. street lighting or any Traffic Control Device;

21.2. to otherwise constitute a danger to Vehicles or pedestrians or compromise the safe or convenient use of an abutting Road; or

21.3. to overhang any Footpath or Road at a height that may cause injury, damage or danger to vehicles or pedestrians using the Footpath or Road.

An occupier of any land on which any Animal is kept must not allow any noise, smell or discharge to emanate from the Animal or animal accommodation which is offensive to persons who occupy adjacent or nearby land.

26.1. Where any Animal, including any Livestock, is kept on any land, the owner or the occupier of the land must ensure that the land is secured or fenced in a way that will prevent the Animal from escaping from the land.

26.2. Where the Animals kept on any land are sheep, cattle, horses or other large Animals, the owner or occupier of the land must ensure by adequate Fencing that no Animal escapes onto, or remains unattended, on a public Road. Penalty: 20 Penalty Units

26.3. No offence is committed under Sub-clause 26.2 where it can be shown that extreme or unusual circumstances beyond the control of the owner or the occupier, such as wildfire, flood or dog attack, directly resulted in the escape of the Animal through otherwise adequate Fencing.

26.4. If an Authorised Officer or Delegated Officer is of the opinion that land used for the grazing or keeping of livestock is not adequately fenced then, in addition to any penalty that may be imposed, the Authorised Officer or Delegated Officer may issue a Notice to Comply directing the owner or occupier of the land to do any or all of the following:

26.4.1. install, repair, replace or modify fences and gates;

26.4.2. remove any livestock from the land; or

26.4.3. direct that the land may not be used for the grazing and keeping of livestock until required works have been completed.

27.1. The occupier of every Dwelling or other land to which the Council provides a waste collection service (including Recyclables and Green Waste collections) must:

27.1.1. use only Council-provided mobile bins or other Council-approved bins in connection with the waste collection service, which bins remain the property of Council;

27.1.2. deposit Domestic Waste only in the mobile garbage bin, Recyclables only in the mobile recycling bin and Green Waste only in the mobile Green Waste bin;

27.1.3. not place any Hazardous Material in a mobile bin;

27.1.4. not cause contamination of mobile bins by depositing items or material in the bins other than Domestic Waste in the designated mobile garbage bin, Recyclables in the designated mobile recycling bin and Green Waste in the designated mobile Green Waste bin;

27.1.5. if directed by the Council to remove Hazardous Material from any mobile bin, comply with that direction;

27.1.6. if directed by the Council to dispose of all contents of a mobile bin containing Hazardous Material, comply with that direction;

27.1.7. leave the mobile bins out for collection on days designated by the Council from time to time as collection days, or such other days as may be directed by an Authorised Officer or Delegated Officer;

27.1.8. place the mobile bins out for collection prior to 6.00am on the day of collection or such other time as designated by the Council from time to time;

27.1.9. not leave any mobile bin out for collection more than one day before or one day after a designated collection day;

27.1.10. place all mobile bins:

27.1.10.1. adjacent to the kerb outside the front of the premises, at least half a metre clear of any fixed object or adjacent bin and, as far as practicable, free of any other obstruction to collection; or

27.1.10.2. at an alternative collection point as approved or designated by an Authorised Officer or Delegated Officer;

27.1.11. place all mobile bins out for collection in a manner specified in any written advice made available to the occupier by the Council;

27.1.12. ensure that any mobile bin (including contents) placed out for collection does not exceed 70 kilograms;

27.1.13. maintain all mobile bins in a clean and sanitary condition;

27.1.14. ensure that the area where the mobile bins are kept on the premises is kept clean and in a sanitary condition;

27.1.15. ensure the lid of any mobile bin is closed, except when being accessed;

27.1.16. not cause damage to any mobile bins;

27.1.17. ensure that each mobile bin is not overfilled thereby preventing the lid from being completely closed down;

27.1.18. not place out for collection any material immediately adjacent to the mobile bin;

27.1.19. ensure that no mobile bin is removed from the premises except for collection of material in accordance with this Local Law; and

27.1.20. not use and store on the property any Council provided mobile bin that is not registered to that property.

27.2. Any non-compliance with any part of Sub-clause 27.1 is an offence under this Local Law.

27.3. Council-provided mobile bins or other Council-approved bins remain the property of the Council and may be:

27.3.1. removed in whole or part; or

27.3.2. replaced or exchanged in whole or part with bins of a different designated Waste type

by the Council from any Dwelling or other land to which the Council provides a Waste collection service (including Recyclables and Green Waste collections) if the occupier fails to comply with conditions of use outlined in Sub-clause 27.1.

The occupier of every premises to which a hard Waste collection service is provided by the Council may place out for collection any hard Waste, and must do so in a manner set out in a notice published by the Council on its website or in a newspaper generally circulating in the Municipal District or as specified in any written advice provided to the occupier by the Council.

A Person must not remove or interfere with any Waste, Recyclables, Green Waste or hard Waste or mobile bin left out by any other Person on a Road or on Council Land for collection by the Council, unless employed, authorised or contracted by the Council for the purpose.

30.1. The Council may from time to time designate any area as an area in which a Residential Parking Policy is in operation.

30.2. The Council may at any time rescind, amend or vary any Residential Parking Policy so designated.

30.3. A person who resides in an area in which a Residential Parking Policy is in operation may make application to the Council for a Residential Parking Permit.

30.4. A Residential Parking Permit must be displayed in accordance with Council’s Residential Parking Policy.

30.5. A Residential Parking Permit may specify the road or roads or part of the road to which the permit applies.

30.6. The holder of a Residential Parking Permit may park an eligible vehicle in the road or roads as specified in the permit without being required to comply with any parking restrictions as to time indicated by parking signs associated with the road or roads.

30.7. The Council may from time to time by resolution determine a fee to be paid for a Residential Parking Permit.

30.8. Prior to the introduction of a new Residential Parking Policy the Council must notify the owner and occupier of every residence in the area advising as to:-

30.8.1. eligibility;

30.8.2. how to apply for a permit;

30.8.3. the cost of the permit; and 30.8.4. how the policy operates.

31.1. A Person must not on any part of any Council Land excluding a Road, without a Permit:

31.1.1. drive, ride on or otherwise use; or

31.1.2. permit a person under his or her care or control to drive ride on or otherwise use a Motor Bike or other Motorised Recreational Vehicle, unless the part of the Council Land has been designated for that purpose.

31.2. A Person must not, without a Permit:

31.2.1. drive, ride on or otherwise use any Motor Bike or other Motorised Recreational Vehicle in a Built Up Area on any land other than Council Land or a Road, except for the purpose of directly accessing or leaving that land;

31.2.2. drive, ride on or otherwise use any Motor Bike or other Motorised Recreational Vehicle outside a Built Up Area on any land other than Council Land or a Road, within 500 metres of a Dwelling located on any other land;

31.2.3. as the owner or occupier of any land outside a Built Up Area, allow a Person to drive, ride on or otherwise use any Motor Bike or other Motorised Recreational Vehicle on that land within 500 metres of a Dwelling located on any other land;

31.3. A Person is exempt from Sub-clause 31.2.2 and 31.2.3 provided that Person has obtained a written consent:

31.3.1. from all adjoining property occupiers; and

31.3.2. from all other occupiers of Dwellings within 500 metres of the subject land; and that written consent:

31.3.3. includes the period of consent, time of day, number of hours, days of the week and maximum number of Vehicles at any one time to be included in the consent;

31.3.4. clearly states that the consent expires if the occupier changes during the period of the consent or if the occupier notifies the Person in writing of their withdrawal of consent;

31.3.5. is copied to the consenting occupier after signing;

31.3.6. is the limit and extent of any exemption from Sub-clauses 31.2.2 and 31.2.3; and

31.3.7. if varying in any detail between consenting occupiers, the most restrictive consent becomes the limit and extent of any exemption from Sub-clauses 31.2.2 and 31.2.3.

Note: Pursuant to Clause 9 Definitions: ‘Motor Bikes and Motorised Recreational Vehicles’ - a motorised farm vehicle that is being used for farming purposes is exempt.