Thank you for providing your thoughts on the Draft Nillumbik General Local Law 1

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 objectives of the proposed Local Law are to:

  • provide for the peace order and good governance of the Nillumbik Shire;
  • prevent and suppress nuisances which may adversely affect the enjoyment of life or the health, safety and welfare of persons;
  • prohibit, regulate and control activities which may be dangerous or unsafe or detrimental to the quality of life and the environment;
  • prohibit, regulate and control access to and use of Council land;
  • revoke Amenity Local Law 2013;
  • revoke Infrastructure Assets Local Law 2013;
  • revoke Meeting Procedure Local Law 2017; and
  • revoke Prohibition of Fireworks Local Law 2019.

Effect of the proposed Local Law

The proposed Local Law is to:

  • manage, control, regulate or prohibit certain activities occurring within the Nillumbik Shire;
  • protect public assets;
  • improve the health and safety of residents and visitors to the Nillumbik Shire;
  • replace the revoked local laws with a single streamlined law which regulates activities that may result in potential adverse amenity impacts;
  • remove unnecessary or unused provisions; and
  • introduce several new provisions to address new issues and identified deficiencies in the current local laws.

Feedback on the Draft Nillumbik General Local Law has now closed.

Next Steps

Council will review the feedback and also consider submissions at a future Planning and Consultation Committee meeting in October 2022, where submitters will also be able to make verbal statements.

Take our short survey on the draft Local Law

Feedback has now closed

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 read below;

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 19. 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.

Environmental, sustainability and waste considerations have been incorporated to support the ban on single use plastics and balloons this is incorporated into Councils Event Policy. No provision has been drafted within the local law

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.

Provisions have been included in the draft local law at Clause 21. 1a)

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 33.

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 27.

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 23.

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 17. 2)

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.