The Community Amenity Local Law (2015) was developed to protect the amenity of our City and the safety of all those who come to be in it. These local laws cover many aspects of daily life such as keeping footpaths and walkways clear of clutter, managing the impact of building sites, and ensuring parks and reserves are safe and pleasant.
Frequently Asked Questions
What is a ‘Community Amenity Local Law’ and why do we need one?
Council previously had four local laws, relating to ‘Recreation Vehicles’, ‘Consumption of Alcohol in Public Places’, ‘Protection of Council Assets & Control of Building Sites’ and a ‘General Local Law’.
These have been consolidated into one new Community Amenity Local Law (2015) for ease of use. This is a local law that is designed to help protect amenity, safety, the environment and public assets throughout the City of Wyndham.
Where is it set out that the Council can make Local Laws
Part 5 of the Local Government Act 1989 gives the Council the power to make local laws in relation to matters where the Council has powers and functions.
The process for making a local law is that the Council must first give public notice of its intent to make a local law. Council should then consider any written submissions received prior to its final decision. Submitters must be given an opportunity to speak in favour of their submissions.
However a local law cannot be inconsistent with any Act or regulation of state or federal government, or the Wyndham Planning Scheme.
A local law, once made, is valid for a period of 10 years. So unless revoked earlier the Community Amenity Local Law (2015) will expire in November 2025.
What are the main areas covered in the local law?
The local law contains the following headings:-
- Part 1 Preliminary
- Part 2 Use of Council Land
- Part 3 Protection of Council Land and Assets
- Part 4 Municipal Amenity
- Part 5 Roads and Council Land: Obstructions and Behaviour
- Part 6 Roads and Council Land: Parking
- Part 7 Sale of Goods, Street Collections and Distributions and Street Parties
- Part 8 Keeping of Animals
- Part 9 Resource Recovery
- Part 10 Administration and Enforcement
How does this local law affect me?
As citizens we benefit from the protections available under the local law, and we should abide by the controls that it contains.
It may be that the local law can assist in resolving neighbourhood disputes, or to overcome a cause for local concern, say due to noise or damage to community assets.
In some circumstances the local law may assist neighbours to agree amicably on appropriate behaviours. In other cases breaches can be reported to the Council.
What can happen to those who break the local law?
What is most important is that in the interests of amenity, safety, the environment or protection of community assets the behaviour that does not comply with the local law should stop.
Council’s authorised officers are able to warn, or to issue notices to comply or infringement notices, or to prosecute in the Magistrates Court. The local law sets out applicable fines.
Notices issued by authorised officers will set out the processes to be followed by each party, including rights of appeal. It is very important that any enforcement action and appeals received are managed strictly in accordance with the law.