What happens if you break the Local Law
Our Local Law is designed to support self-governance. If you do the right thing and consider the impact of your actions on others, no formal action is required.
Most Local Law matters are resolved through education, cooperation and voluntary compliance.
Council's preferred outcome is for issues to be resolved quickly and collaboratively wherever possible, helping to maintain a safe, accessible and enjoyable municipality for everyone.
However, where issues remain unresolved or serious breaches occur, Council may take enforcement action.
Breaches of Community Local Law
When responding to a potential breach of the Community Local Law, Authorised Officers generally follow an Ask, Tell, Enforce approach.
Ask
In many situations, the first step is to discuss the issue with the person involved and provide information about their responsibilities under the Local Law.
This may include:
- explaining the relevant Local Law requirements
- answering questions
- providing guidance on how to resolve the issue
Tell
If the issue continues or requires formal action, Council may issue a verbal direction and/or issue a Notice to Comply.
This provides the person with an opportunity to correct the issue within a reasonable timeframe.
Enforce
Where a person fails to comply, repeatedly breaches the Local Law, or the offence is serious in nature, Council may take enforcement action.
This may include:
- issuing an official warning notice
- issuing an infringement notice
- impounding items
- suspending or cancelling permits
- commencing legal proceedings
Every situation is different
Not every breach of the Local Law is treated the same way.
Authorised Officers exercise discretion when deciding how to respond and may consider:
- the seriousness of the breach
- any risks to public health or safety
- whether the person has previously committed similar offences
- whether the breach was deliberate or accidental
- whether the person has taken steps to resolve the issue
- the impact on the community, Council assets or the environment
In some circumstances, Council may move directly to enforcement action without first issuing a warning, direction or Notice to Comply.
The Community Local Law includes penalties for offences to encourage compliance and protect community safety, accessibility and amenity.
Penalties may apply when a person:
- fails to comply with a requirement of the Local Law
- breaches a permit condition
- ignores a Notice to Comply
- continues an offence after being directed to stop
Schedule 1 outlines offences that attract infringement penalties greater than one penalty unit.
It identifies:
- the offence
- the infringement penalty that may apply
- the maximum penalty that may be imposed by a court
If an offence is not listed in Schedule 1, an infringement penalty may still apply and will generally default to one penalty unit.
Penalty unit values are set by the Victorian Government and are updated annually.
Examples of Local Law Breaches
The following examples are provided to help explain how the Local Law may operate in practice.
Overhanging vegetation | A property owner or occupier allows a tree or bush to grow over a fence and obstruct a footpath. The owner or occupier should trim the vegetation back to the property boundary and maintain a clear path of travel. Council may direct the owner or occupier to trim the vegetation. If the issue is not addressed, enforcement action may occur. |
Unsightly property | A property contains excessive waste, abandoned materials, overgrown weeds, long grass, or other conditions that negatively affect health, safety or neighbourhood amenity. The owner or occupier should maintain the property in a safe and tidy condition, including removing waste and unwanted materials, controlling weeds, and keeping vegetation and grass at a reasonable standard. Council may issue a Notice to Comply requiring the issue to be addressed. If the notice is not complied with, enforcement action may occur. |
Bins left on the footpath | A resident leaves domestic waste bins on the footpath or road after 12pm on collection day. Bins should be returned to the property same day as collection before 12pm. Council may ask the resident to remove the bins or issue a Notice to Comply. If the bins remain on the footpath or road, this may result in an infringement notice. |
Operating without a permit | A person conducts footpath trading, an event, or another activity on Council land without obtaining the required permit. The person should obtain the required permit before commencing the activity. Council may direct the activity to cease and may issue an infringement notice. |
Skip bin without a permit | A skip bin is placed on a road or Council land without the required permit. The required permit should be obtained before placing the skip bin. Council may direct the skip bin to be removed and may issue an infringement notice. |
Failing to clean up animal waste | A person does not remove waste deposited by their animal in a public place. Animal owners or handlers should immediately collect and dispose of animal waste appropriately. An infringement notice may be issued. |
Keeping too many animals | A resident keeps more animals than permitted without the required approval. Residents should apply for any required permit. Council will work with pet owners to ensure compliance with the Local Law and obtain a permit. If there is no cooperation, enforcement action may be taken. |
Asset protection permit not obtained | Building works begin without obtaining a required Asset Protection Permit. The permit should be obtained before building works commence. Council may require works to cease until the permit is obtained and may issue an infringement notice. |
Occupying Council land without a permit | A builder stores materials, equipment or skips on Council land without approval. The builder should obtain the required permit before occupying Council land. Council may direct the activity to cease and may issue an infringement notice. |
Working outside permitted hours for building works | Building works are undertaken outside the permitted hours. Building works should only occur during approved times. Council may investigate the matter and issue an infringement notice. |