New Nillumbik General Local Law 1 comes into effect following Council adoption

The new Nillumbik General Local Law 1 has been adopted following more than 18 months of community consultation.

Thank you to everyone who provided their feedback during the three phases of community consultation in 2021 and 2022. In total, we received more than 1000 submissions.

The Local Law, along with the Nillumbik General Local Law 1 Procedure and Protocol Manual, regulates activities and behaviour across the Shire to ensure public health, safety and amenity, protecting quality of life and enjoyment of public spaces.

Some of the matters regulated by the Local Law include:

• Behaviour in or on Council land;
• Animals and animal noise;
• Consumption of liquor in public places;
• Protection of amenity trees;
• Restriction of animals within Bend of Islands;
• As well as the administration of the Local Law and enforcement

The Nillumbik General Local Law 1 was formally adopted at Council meeting on 13 December and comes into effect 22 December 2022.

Stage 1 (May- July 2021) - Reviewing the current Local Law

• Identifying and amending provisions that are duplicated, overlapped or conflict with other pieces of legislation
• Undertaking extensive community consultation with residents, local groups and statutory authorities

• Hearing of submissions by a special committee of the Council on community feedback

• Developing internal working groups to ensure consistency in the delivery of services
• Councillor briefings to understand the relevance of the proposed Local Law and what parts may need further assessment

Stage 2 (November – December 2021) – Consultation of New Draft Local Law

• Consultation on new draft Local Law
• Undertaking extensive community consultation with residents, local groups and statutory authorities

• Hearing of submissions by a special committee of the Council on community feedback

• Internal working groups re-engaged to ensure consistency in the delivery of services
• Councillor workshop with external legal consultant to understand options relating to Community feedback what options could be proposed in the new Local Law

Stage 3 – (August – September 2022) Public Exhibition of New Local Law

• Advertising the proposed Draft Local law and inviting submissions pursuant to section 223 (S223) of the Act
• Publishing the Procedure and Protocol Manual
• Hearing of submissions by a special committee of the Council on S223;
• Local Laws 23.1 Aerosol spray paint containers was removed due to cross over with State Legislation but has affect as it is already enforceable and remains enforceable

Stage 4 and Stage 5 are required to bring the new local law into affect.

Stage 4 – (December 2022) Adoption by Council at Council Meeting

• Makes the Nillumbik General Local Law 1, to commence on 22 December 2022
• Revokes the following Local Laws on the 22 December 2022;
  • Amenity Local Law 2013;
  • Meeting Procedure Local Law 2017;
  • Prohibition of Fireworks Local Law 2019
  • Infrastructure Assets Local Law 2013;
• Adopts the Nillumbik General Local Law 1 Procedure and Protocol Manual

Stage 5 – (December 2022) Gazette of New Local Laws

• Finalise external Legal review and certification
• Referring the proposed Nillumbik General Local Law 1 and Nillumbik General Local Law 1 Procedure and Protocol Manual to Council
• Gazette New Local Laws

The feedback received was predominately relating to the follow provisions:

-19. Activities which may be permitted in a Council reserve

Feedback was that the use of drones is regulated by CASA and not required by local law, the purpose of retaining the provision was to enable council to prescribe areas that drones may be permitted without a requirement for a permit.

- 52.Protection of amenity trees

Feedback received that the protection of amenity tree provision was confusing and may have contradicted the planning scheme., it was resolved that council will retain the provision with clarity that if a permit is required under the planning scheme, a permit will not be required under the local law. Areas within the BMO and BPA will require a permit.

- 66. Restriction on animals within Bend of Islands

Feedback received that majority of community were supportive of the restriction of animals in Bend of Islands. Council resolved to retain the provision by requiring properties built pre 1982 to provide proof that there has not been a period of more than 2 years where no domestic pet or livestock existed on the land. Property owners will have 3 months from the date of gazetting of Nillumbik General Local law 1 to provide proof of animal ownership and /or registration of animal.

Changes to the Local Law are outlined in Section 15 of the Nillumbik Community Impact Statement