Proposed Neighbourhood Amenity Local Law 2022

Local Laws help protect public health, safety and amenity throughout the municipality.

They are created in consultation with the community, to deal with local issues and meet local needs.

Ararat Rural City Council is proposing to make a Neighbourhood Amenity Local Law 2022, which will replace the current General Local Law 2012. Council is seeking community feedback on the proposed Local Law.

Purpose of the Local Law:

  • protect community safety and neighbourhood amenity;
  • protect public assets and infrastructure, and the built and natural environment;
  • enhance the use, access and enjoyment of public places for the community’s benefit.

Have your say!

You are invited to make a submission on the proposed local law by Wednesday 20 April 2022, with your feedback to be considered by Council, in accordance with Council's Community Engagement Policy, in determining the Local Law.

Written submissions can be submitted via:

  • Engage Ararat platform (via the submissions form to the right)
  • Email: [email protected]
  • Mail - Chief Executive Officer, Ararat Rural City Council, PO Box 246, Ararat 3377
  • In person - Municipal Offices, 59 Vincent Street, Ararat 3377

Proposed changes to the Local Law:

The form that has been proposed seeks to collate related issues together, separate the legal requirements from the procedural steps and simplify the use of the document.

A comprehensive cross-check has also been done to ensure no content regularly relied upon has been lost.

With the adoption of the Local Government Act 2020 there is also a requirement to reduce the duplication between legislation so part of the current Local Law that are dealt with under other legislation has been removed.

Other changes are:

Clauses deleted from the document

Alternate legislative power

Clause 25 – Chimneys

Environmental Health under Public Health and Wellbeing Act

Clause 30 – Noise in a public place

Police under various legislative options

Clause 33 – Temporary Dwelling

Planning Scheme and Building Code of Australia cover

Clause 39 – Unleashed dogs

Domestic Animals Act

Clause 45 – Transportation of Waste

Environmental Protection Act

Clause 46 and 49 – Use of a Resource Recovery Centre and Scavenging at same

Environmental Protection Act

Clause 88 – Resident parking scheme

Local Government Act 2020

Clause 89 - Heavy vehicle parking in residential zones

Road Safety Road Rules 2017.

Another change has been to roll the controls currently set out for Green Hill Lake into the broader management of Council’s municipal reserves.

The table below shows the current components of these controls and where they exist in the proposed document. Whilst the Green Hill Lake reserve is a unique one in terms of the environment and recreational opportunities it presents, the management issues to preserve the amenity and environment are not themselves unique. The approach to apply the same rules to all reserves seeks to add clarity about what is permitted where, for how long and consistency.

Existing Clauses in relation to Green Hill Lake

New Clauses in Proposed Local Law

Clause 32 - Camping

Clause – Camping prohibited on Council land

Clause 51 - Behaviour in Municipal Places

Clause – Behaviour in Municipal Place - Prohibitions

Clause 52 – Control of Activities






Clause – Wholesale Review part 6 Council land (including Municipal Places, Parks and Council Buildings)

This change streamlines the management of all Council Reserves and provides consistency in relation to camping.

Clause 53 – Green Hill Lake

  1. In addition to clauses (32), (51) and (52), within Green Hill Lake Reserve, no person may;
  1. drive or ride any motorcar, motorcycle, bicycle or other vehicle except in areas that may be set aside for that purpose or for the parking of vehicles and then only subject to the observance of such terms and conditions and the payment of such fees as may be prescribed by the Council from time to time.
  2. allow any cat or dog under their control into the Reserve unless adequately restrained in accordance with posted signage or so as not to cause annoyance or danger to any person or animal, or be potentially damaging to any property.
  3. bring glass bottles into designated beach areas or boat ramp areas of the Reserve as defined.
  4. drive, ride or operate any motorised vehicle within the Reserve at a speed in excess of any displayed speed sign.
  5. remove, alter, damage or shift any bouys, lakeside markers, floats or lines secured within the lake.

Clause 53(2) Green Hill Lake Reserve is a designated area where horses are permitted provided they are kept under effective control and cause no nuisance.

Clause 53(3) All provisions of the Marine Safety Act 2010 and its Regulations shall apply to the waters of Green Hill Lake.

New Clauses

Description

Clause 21 – Shipping Containers

This will integrate shipping containers in with planning controls.

Clause 23 and 24 – Planting of Trees in Public Places

To respond to inappropriate planting on public land.

Clause 29 – Feeding of Birds on Private Property

Gives Council the ability to respond where this action creates a nuisance.

Clause 63 - Operation of Model Aircraft

This will cover model airplanes and drones on Council land.