Definitions

12.1. A person must not, without a Permit or other authority given by the Council, occupy or allow to be occupied any Council Land or any Road for any use including excavation, landscaping, cultivation, planting, building, erection of structures, installation of recreation facilities, Fencing, storage of Vehicles or goods of any kind, or any other use interference or change normally associated with the lawful occupation of land.

12.2. A person who commits an offence under Sub-clause 12.1 must remove and rectify any change he or she has made to Council Land or any Road as a result of the unauthorised occupation within 14 days of being directed to do so by an Authorised Officer or Delegated Officer or other reasonable time determined by the Council.

12.3. If a person (the offender) fails to remove and rectify any change he or she has made to Council Land or any Road under Sub-clause 12.2 the Council may remove and rectify the change and recover the cost of the removal and rectification from the offender.

12.4. Mowing a nature strip is excluded from Sub-clause 12.1.

Guidelines

Guidelines for determining whether to grant a Permit to allow a Person to occupy any part of Council Land or a Road for a specified purpose:

(1) Consider Council’s Nature Strip Policy.

(2) Consider whether this is the correct permit applicable or whether an alternative permit issued by Council is required, such as an event permit, use of reserve permit, roadside trading permit, outdoor dining facilities permit, asset protection permit, etc.

(3) Give priority to the safety of pedestrians, road users, and or lawful reserve users.

(4) Consider the community value of the proposed occupation activity.

(5) Consider referrals to other relevant Council Departments, such as Engineering Services, Events, Recreation and Open Space, Environment, Community Development and Planning.

(6) Impose essential conditions to mitigate or remove assessed risks.

(7) Ensure any permit issued is strictly limited to a specified place and a specified use.

(8) Ensure any permit includes the terms that:

(a) Council retains right of access to and inspection of the specified land at any time by an authorised officer or delegated officer.

(b) Council may cancel or suspend the permit for safety or any other reason, whether or not a condition of the permit has been breached.

(9) Consider appropriate time limits on permits.

(10) Ensure a current public liability insurance certificate is provided by the applicant prior to the issue of any permit, unless special exemption is given by Council’s Risk Department, a Council approved Policy, or another authorised Senior Officer of Council.

(11) 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.

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.

32.1. A Person must not dismantle, repair, paint, or carry out maintenance on a Vehicle on a Road, or allow or authorise another Person to do so, except in an emergency breakdown for the purpose of removing it.

32.2. A Person must not display a Vehicle for sale on a Road or on Council Land.

33.1. A Person must not leave any derelict, abandoned or unregistered Vehicle on any Road, Council Land or Municipal Place.

33.2. Any Person employed, contracted or authorised by the Council for the specific purpose is exempt from Sub-clause 33.1.

33.3. Any Vehicle found on any Road or Council Land or Municipal Place and considered by an Authorised Officer or Delegated Officer to be an Abandoned Vehicle, may be dealt with under the provisions of Schedule 11 to the Act.

A Person must not, without a Permit, keep or store or repair or allow to be kept, stored or repaired any Heavy Vehicle or Long Vehicle:

34.1. upon any Road or part of a Road for which the Council is the Responsible Road Authority for the purposes of the Road Management Act 2004;

34.2. on any other land less than 0.5 hectares in a Built Up Area; or

34.3. on any other land less than 5 hectares for three or more Heavy Vehicles or Long Vehicles.

Guidelines:

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

(2) whether planning permission is required for a business or other use;

(3) the maximum number of vehicles at any one time to be kept or stored;

(4) the likely effect on adjoining owners, including visual amenity, fumes and noise;

(5) mitigation measures the applicant is willing to undertake as a condition of the permit; and

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

A Person must not, unless in accordance with this Local Law or with a Permit, place or cause to be placed on any Road or Council Land:

35.1. any mobile Waste bin, Council approved Waste bin, Trade Waste hopper, builder’s Refuse Container, skip bin, Bulk Waste Container or other Waste container; or

35.2. any Waste materials of any nature, including Domestic Waste, Green Waste and Recyclables.

Guidelines

(1) whether the placement will obstruct the passage of vehicles and pedestrians, or otherwise create a hazard;

(2) whether the placement will contravene any traffic control signs;

(3) protection of any Council assets;

(4) whether a copy of a valid policy of insurance Certificate of Currency has been provided to the Council;

(5) whether an indemnity or guarantee has been provided to the Council; and

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

37.1. A Person must not leave a shopping trolley on:

37.1.1. a Road;

37.1.2. Council Land except in an area designated by the Council for the leaving of shopping trolleys; or

37.1.3. any vacant land.

37.2. The owner of any shopping trolley made available to members of the public must ensure that any shopping trolley left in any place other than the owner’s shopping trolley storage area is collected and returned to that area.

38.1. A Person may not, without a Permit:

38.1.1. hold a Street Party, Street Festival or Procession, Event or activity on a Road; or

38.1.2. use an audible public address system on a Road or Council Land.

38.2. Political or industrial marches are exempt under this Clause, provided Victoria Police are informed prior to the march.

In determining whether or not to grant a permit for a Street Party, Street Festival or Procession, Event or activity on a Road, the Council may take into account:-

(1) whether the Street Party, Street Festival or Procession, Event or activity on a Road will unreasonably inconvenience road users or owners and occupiers of land with vehicular access to the section of road to be closed;

(2) whether the written permission of the Victoria Police and the Roads Corporation has been obtained and their requirements met;

(3) whether the road can be closed to vehicular traffic, or partly closed with safe and effective separation of vehicular traffic and festival or procession patrons and equipment; and

(4) any other matter relevant to the circumstances of the application.

Where an application is to conduct a Street Festival or Procession, Event or activity on a Road, the application must be made at least 28 days before the event is to take place.

In determining whether to grant a permit for a Street Party, the Council must take into account:-

(1) whether the road can be closed to vehicular traffic for the duration of the Street Party without detriment to the traffic management of the area;

(2) whether all owners or occupiers of land with any vehicular access via the section of road to be closed have been advised by letter and given seven days to comment or object;

(3) whether a person on behalf of the applicant has been nominated to erect and remove the barriers which close the road at locations and times specified by an Authorised Officer;

(4) whether the footpath on at least one side of the road can be kept clear of obstructions; and

(5) any other matter relevant to the circumstances of the application.

(6) Where an application is to conduct a Street Party the application must be made at least 14 days before the Street Party is to take place.

39.1. A Person must not, without a Permit, undertake the Grazing of Livestock or the Droving of Livestock on a public Road or Council Land.

40.1. A Person must not, without a Permit, place or display any goods for sale or samples of goods for sale or cause or allow another Person under his or her control to do so on any part of a Road or Council Land.

40.2. A Person who has placed, permitted to be placed, displayed or permitted to be displayed goods or an Advertising Sign on a Road or Council Land, with or without a Permit, must move or remove them if directed to do so by an Authorised Officer or Delegated Officer.

40.3. Any goods left or displayed on any part of a Road or Council Land contrary to this Clause or displayed in contravention of any conditions of a Permit may be removed by an Authorised Officer or a Delegated Officer and impounded.

40.4. Where any goods have been impounded, there must be compliance with the provisions of Clause 84.

41.1. A Person must not, without a Permit, erect or place on any Road or Council Land any Vehicle, caravan, trailer, table, stall, tent, or other structure for the purposes of Selling or offering for sale any goods (including any Vehicle) or services.

41.2. In addition to any other power which it has, the Council may, by resolution, determine a fee, charge, fare or rent in relation to the Selling or offering for sale any goods or services from any land adjacent to a Road or to any Person who is on that Road or adjacent land.

41.3. Where any goods and equipment have been impounded, there must be compliance with the provisions of Clause 84.

Guidelines

Guidelines for determining whether to grant a permit to allow trading from a road or to a person on a road or to allow trading on Council land:

(1) whether the safety of road users or the passage of any vehicle will be affected by the placement or performance;

(2) will the activity be detrimental to the amenity of the area including adjacent property occupiers or lawful users of the adjoining public space;

(3) the nature and duration of the proposed trading and whether any time limitations should be imposed, for reasons associated with public safety; asset protection, adequate lighting, traffic management etc.;

(4) whether appropriate arrangements can be made for:-

a. waste water disposal;

b. recycling, litter and garbage;

c. lighting; and

d. advertising signs;

(5) Comments from Council Departments including:

a. Roads management or relevant land asset (reserve) manager,

b. Planning Department

c. Economic development

(6) whether the consent of VicRoads has been obtained where the road is an arterial road or a VicRoads controlled road;

(7) whether any indemnity/guarantee has been provided to the Council;

(8) whether required permits been obtained under the Food Act 1984, the Public Health and Wellbeing Act 2008 or any other legislation;

(9) whether the applicant should be required to take out a public liability policy of insurance (minimum $20 million) and prior to the issue of the permit, provide to the Council a Certificate of Currency of the public liability policy of insurance.

(10) the following business competition issues should be considered, especially where local retail businesses object to the roadside trading:

a. is there an overriding value to the broader community and to tourism in the provision of an essentially different and convenient service;

b. will the offering of a broader service mix in the locality improve local amenity by encouraging new customers and placing competitive pressure to improve retail service standards in the area;

c. has there been an open and competitive process to obtain roadside trading location permits or should such a process by undertaken;

d. Council policy concerning roadside trading sites;

e. is the location likely to place the roadside trader in direct competition with any other exclusively contracted Council business, such a Recreation Centre café operator;

f. should the roadside trader’s range of goods and services be specified and limited by Council;

g. should the hours of proposed trading be limited for competition purposes.

(11) Council’s policy in relation to itinerant or roadside trading.

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

42.1. A person must not, without a Permit, Spruik on any Road or Municipal Place or from any private property use any sound amplification equipment to Spruik onto any Road or Municipal Place.

42.2. A person must not, without a Permit, Busk on any Road or Municipal Place or use any sound amplification equipment for the purpose of public entertainment or performance.

42.3. A person must not, without a Permit, paint or draw on any Road or Council Land or property for the purpose of public entertainment, performance or the collection of money.

42.4. Sub-clauses 42.1, 42.2 and 42.3 do not include short-term outdoor community Events on Council Land or a Road although such Events may be subject to a Permit under other clauses of this Local Law.

43.1. A Person must not, except in accordance with a Permit, erect or place an Advertising Sign on or over any part of a Road or Council Land, or cause or in any way authorise another Person to do so.

43.2. A Person who has erected or placed an Advertising Sign on a Road or Council Land with or without a Permit, must move or remove the Advertising Sign if directed to do so by an Authorised Officer or Delegated Officer.

43.3. Where an Advertising Sign has been impounded, there must be compliance with the provisions of Clause 84.

43.4. Any signage subject to a Permit for use within a Municipal Reserve or subject of a Planning Scheme permit is exempt from this Clause.

44.1. A Person must not, without a Permit, use a Footpath or any part of a Road or any Council Land for the purposes of an Outdoor Eating Facility.

44.2. Where any tables, chairs, umbrellas or other equipment have been impounded, there must be compliance with the provisions of Clause 84.

44.3. A Permit Holder must move or remove the Outdoor Eating Facility to which the Permit relates when requested to do so for the purposes of public safety by an Authorised Officer or a Delegated Officer or a member of the Victoria Police or an emergency service.

For guidance in determining whether to grant a permit to use a Footpath or any part of a Road or Council land for the purpose of an Outdoor Eating Facility, refer to Council’s policy in relation to Outdoor Dining and Trading Policy 2017.

45.1. A Person must not, without a Permit, use a Footpath, other part of a Road, or any Council Land adjoining a Licensed Premises to sell or consume liquor.

45.2. In determining whether to grant a Permit, the Council or an Authorised Officer must have regard to the Guidelines set out in this Local Law.

Guidelines:

(1) the location of the licensed premises, the land use of adjoining allotments and the general amenity of the street and neighbourhood;

(2) the nature of the existing licensed business, eg café, restaurant or night-time entertainment venue;

(3) whether the applicant’s business, or the location has a history of alcohol-related behavioural problems;

(4) comments from Planning, Community Development, Environmental Health, and Economic Development departments of Council;

(5) comments from the Victoria Police or any relevant other public authority;

(6) the impact that an increased number of patrons and the service and consumption of alcohol on a footpath will have on the amenity of the surrounding areas;

(7) whether Council’s permit hours should be the same or be more limited than the

existing liquor license for the site;

(8) whether Council’s permit should be conditional upon patrons being seated while consuming alcohol and/or food service being available in the area that is the subject of the application; and

(9) any other matter the Authorised Officer or the Delegated Officer reasonably believes is relevant to the application.

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.)

62.1. A person must not enter or remain on the Aerodrome Movement Area other than:-

62.1.1. a pilot or crew member of an aircraft;

62.1.2. an employee or agent of the Council, the Civil Aviation Authority or an emergency service in performance of their duties;

62.1.3. a person who is a passenger either in an aircraft or in the process of entering or leaving an aircraft;

62.1.4. a person lawfully involved in the refuelling or servicing of an aircraft; or

62.1.5. any other person authorised by the Aerodrome Manager and acting in accordance with that authority

62.2. The Aerodrome Manager may issue any person with an authority to leave a vehicle standing on the Aerodrome Movement Area.

62.3. Any person who leaves a vehicle standing within the Aerodrome Movement Area without an authority referred to in sub-clause 62.2 shall be guilty of an offence under this Local Law.

63.1. A Person must not, without a Permit:

63.1.1. leave or allow to be left any:

63.1.1.1. Bulk Waste Container on a Road or Council Land; or

63.1.1.2. other thing on a Road or Council Land which encroaches on, or obstructs the free use of, the Road or Council Land or which reduces the breadth, or confines the limits, of the Road or Council Land.

63.2. A Person who has left or allowed to be left a Bulk Waste Container or other thing on a Road or Council Land with or without a Permit or other authorisation, must move or remove them if directed to do so by an Authorised Officer or Delegated Officer.

63.3. If a Person reasonably suspected of having committed an offence under Sub-clause 63.1 is the driver of a Vehicle which transports a Bulk Waste Container or other thing and that person cannot be found or it is impracticable to charge that person with an offence under Sub-clause 63.1, any Person who is an owner, manager or director of the business which supplies the Bulk Waste Container or other thing which is left on and obstructs the free use of a Road or Council Land may be charged with and is capable of committing an offence under Sub-clause 63.1.

63.4. Anything left or allowed to be left contrary to Sub-clause 63.1, or in contravention of any conditions of a Permit or other authorisation, may be removed by an Authorised Officer or Delegated Officer and impounded.

68.1. A Person must not, without a Permit, hold or organise any Event on any Council Land or Road within the Municipal District.

68.2. A Person must not, without a Permit, hold or organise any Event on any land other than Council Land or a Road within the Municipal district if that Event may reasonably be expected to have a material impact on the neighbouring community or a materially increased risk to public safety or to Council assets.

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

68.3.1. an Authorised Officer or a Delegated Officer may assess an application and may decide that, based on the circumstances of the matter, a Permit under sub-clause 68.1 or 68.2 is not required (although certain activities may still require a Permit under Clauses 65-66 – Use of Municipal Reserves); and

68.3.2. an Event that is subject to a planning permit is exempt from the requirement of a Permit under Sub-clause 68.1 or 68.2.

A Person must not, without a Permit, Camp on any Council Land (including a Municipal Reserve) or a Road unless such Person is within a registered caravan park or a Camping Area.

(Camping on land other than Council Land or a Road may be permitted but may be subject to a separate Permit. See Clause 18: Camping on Land other than Council Land or a Road.)

70.1. The registered owner of a Vehicle must not, or must not allow, without a Permit, that Vehicle to be parked on any part of any Municipal Reserve other than in a parking area that is set aside for that purpose by the Council or agreed to by the Council or an Authorised Officer or a Delegated Officer.

70.2. Sub-clause 70.1 does not apply to any Council employee, contractor or authorised person acting in the course of his or her duties.