Thank you for having your say on the draft Local Laws

From pets to parking, from weeds to waste, Nillumbik Shire’s local laws help Council address local issues to ensure community safety and wellbeing and to protect our public spaces for everyone to enjoy.

Under State legislation, the Local Law needs to be reviewed at least every ten years.

The draft Nillumbik General Local Law was developed to achieve three main aims:

  • Review and revise the existing provisions within the four existing local laws
  • Consolidate the four existing local laws into a single general local law document
  • Develop new provisions aimed at addressing issues relevant to the community in 2021 and over the next ten years, that may not have been relevant when the local laws were last reviewed

Over and above the existing controls within the various Nillumbik local laws, the draft Nillumbik General Local Law introduces revised or new provisions aimed at addressing the following:

  • More specific controls in relation to behaviours and uses of municipal places
  • Sale of spray paint
  • Control of clothing bins
  • Revised animal keeping controls
  • Animal nuisance and noise controls
  • Feeding of wild birds
  • Management of dead livestock
  • Nuisance including light, noise and odour
  • More specific controls in relation to unsightly properties
  • Containment of pool wastewater
  • Revised burning off provisions
  • Use of recreational vehicles (motorised toy vehicles)
  • Revised caravan and mobile dwelling (tiny home) controls
  • Control of shipping containers
  • Events controls
  • Protection of amenity trees
  • Earthworks controls
  • Revised waste controls
  • Greater protection of council assets
  • Revised controls for building sites
  • Expanded governance regarding the issue of permits
  • Expanded governance regarding the enforcement of the local law
  • Revised schedule of penalties

Next Steps

July Council Meeting to seek endorsement to exhibit the Local Laws for further consultation in August 2022.

What we heard

Through the engagement period earlier this year, Council received over 700 contributions via Participate Nillumbik.

Engagement included the following activities:

  • Local Laws discussion paper exhibited via Participate Nillumbik
  • Social Media posts seeking feedback on the discussion paper and existing local laws
  • Direct engagement with key stakeholders including Victoria Police, Eltham Chamber of Commerce, Diamond Creek Traders Association and Environment and Sustainability Advisory Committee

Broadly, based on the numerical data of the 782 survey responses received, contributors were supportive of Council pursuing nine of the ten ideas included in the discussion paper. The only idea that was not broadly supported was the introduction of coin operated or wheel lock technology on shopping trolleys to prevent them being taken from commercial properties.

Submitted responses showed the highest level of support proposed local laws relating to the prohibition of single use plastics at Council events, banning smoking around Council buildings, and restricting political signage on Council buildings. Although all other items were broadly supported; responses in relation to prohibition of barbed wire fencing, restrictions on helicopters, improved barking dog controls, sale of spray paint, and restrictions on the use/sale of Glyphosates were much closer to the midpoint of neither being supported or not supported.

To read the outcomes of these proposed locals laws click the tab 'Response to proposed provisions'.

Response to proposed provisions

Proposed provision

Council response

Consider a permit trigger on the use of drones being launched from Council controlled land.

Consider a prohibition on drones flying and/or recording over private property without the express permission of the land owner.

Council agrees that a provision requiring a permit should be developed. The Local Law should also allow for the designation of drone friendly areas of public open space where a permit would not be required to fly drones.

Provisions have been included in the draft local law at Clause 20. f)

Consider a provision prohibiting the use of barbed wire as fencing in the municipality.

Council could regulate, but could not be made retrospective i.e. this would only apply to new fences constructed, which adds to the complexity of enforcing this provision.

Following considerable community feedback both for and against this proposal, ultimately legal advice indicates that Council cannot regulate the use of barbed wire in most circumstances, and the enforcement of such a provision would be prohibitive and beyond the limited resources of Council.

No provision has been drafted.

Consider a provision that restricts the landing of helicopters away from existing approved landing sites.

The landing of helicopters is controlled by the Nillumbik Planning Scheme. These controls are considered sufficient, and a local law cannot override the planning scheme.

No provision has been drafted.

Consider a prohibition on single use plastics at Council endorsed events – markets, festivals, etc.

Council supports introduction of ban on single use plastics at all Council endorsed events on Council land. This will operate in conjunction with state government bans on some single use plastics to come into effect in 2023, and will also include a ban on the use of balloons.

Provisions have been included in the draft local law at Clause 20. d) ii)

Consider a restriction on placing election signage on Council buildings or land.

The current Nillumbik Planning Scheme and local law provisions are satisfactory in that political signage cannot be displayed on public land. The planning scheme has exemptions for political signage on private land.

Proposed to retain current provisions and revise wording. Draft Clause 25. a)

Consider better and more robust Barking Dog controls, as the existing provisions in the Domestic Animals Act are lacking.

Council and the community generally support additional measures to allow officers to respond to barking dog and other nuisance animal complaints.

Provisions have been included in the draft local law at Clause 37.

Consider a provision to introduce a coin mechanism or wheel lock requirement for supermarkets/traders who provide trolleys.

There was limited support to introduce provisions requiring coin mechanisms or wheel locks on shopping trolleys due to the impact this would have on users of shopping trolleys. No new provision has been drafted, however the existing provision has been redrafted to include the trolley owner (retailer) as being responsible for dumped trolleys.

Provisions have been revised in the draft local law at Clause 31.

Consider a requirement to lock away spray cans and/or stop displaying them at point of sale to assist in the theft of cans and require people to ask for cans.

Generally, community and Council support in having provisions that limit access to spray paint as a disincentive to reduce graffiti.

Provisions have been included in the draft local law at Clause 27.

Consider a prohibition on smoking around Council buildings.

Council and community supported the introduction of a broadened ban on smoking around Council buildings.

Provisions have been included in the draft local law at Clause 18. d)

Consider a restriction on the use of glyphosates and other harmful chemicals and/or prohibit the sale of glyphosates within the municipality.

Provisions banning the use or sale of glyphosates would be unenforceable and fail to satisfy the relevant criteria in the Local Government Act 2020.

No provision has been drafted.