The Local Law Review Process

What is a Local Law?

All Councils in Victoria have a form of local regulation called Local Laws. One of the legislative functions given to Councils is the power to make and enforce Local Laws as an aid to the achievement of their legislative objectives. The broad objectives of Councils are set out in section 3C of the Local Government Act 1989 (Vic). Councils may make Local Laws for or with respect to any act, matter or thing in respect of which it has a function or power under the Act or any other Act.

When was the current Local Law adopted?

On 24 November 2009, Council resolved to adopt the City of Glen Eira Local Law 2009 (the current Local Law). The current Local Law commenced on 24 November 2009, but was not effectively enforceable until a notice appeared in the Victorian Government Gazette on 3 December 2009.

In 2016, various amendments were made to the current Local Laws in the areas of public questions, right to make a statement, urgent business and the inclusion of drones in the definition of a model aeroplane.

Why is this review being undertaken?

Every ten years, Council is required to review our Local Law to make sure it reflects the changes that have taken place in our City and ensure that the Local Law keeps pace with our community’s changing expectations.

The current Local Law is due to expire on 24 November 2019.  Before the expiry date, Council must review, amend (as appropriate), draft and remake all of its local laws.

Council is reviewing its current Local Laws to make them easier to understand and more user-friendly for the wider community. 

Where did the ideas for various updates and changes come from?

Feedback on the operation of the current Local Law from Council staff, external stakeholders and the local community was considered in the early phases of the review and in the drafting of the proposed Local Laws.

What consultation has happened to date?

A necessary part of the process of making local laws is extensive consultation to identify areas where amendments or updating may be required.

Extensive consultation was undertaken across Council with relevant staff at all levels. Staff comment was extensive and is reflected in the proposed Local Laws.

Councillors were briefed and opportunities were given to all Councillors to provide input to the review of the current Local Law.

The Police were also consulted, with reference to issues relating to public safety and the consumption of liquor.

The Metropolitan Fire Authority was consulted regarding matters relating to fire hazards and issue of relevant permits.

The Department of Environment, Land, Water and Planning, Melbourne Racing Club and the Caulfield Racecourse Reserve Trust were consulted regarding matters relating to Caulfield Racecourse Reserve.

Builders active in the municipality were consulted in relation to Parts 2, 3 and 13 of the proposed Community Local Law.

Supermarkets in the municipality were consulted in relation to clause 41 (Shopping trolleys) of the proposed Community Local Law.

The RSPCA Australia and Friends of Caulfield Park were notified of the proposed Community Local Law and were invited to provide input to the review.

The local community was consulted on the proposal for Nature Strip Planting Guidelines which are referenced in clause 57 and incorporated into the proposed Community Local Law. The draft Nature Strip Planting Guidelines were open for community consultation from 3 December 2018 to 8 February 2019 via Council’s ‘Have Your Say’ online forum.

Is Council hoping to raise more revenue by changing the current Local Law to increase the number of penalty notices it issues?

No. We are updating the current Local Law to reflect changes to the environment, as well as the needs and expectations of the community. Our aim is to make sure Glen Eira continues to be a great place for people to live, work, and play.

How can I make a submission about the proposed Local Laws?

Written submissions must be received by Council by 5 pm on Friday 19 July 2019

You can make a written submission by:

  • filling out the survey on Have Your Say Glen Eira;
  • sending it in the mail, addressed to the Chief Executive Officer, Glen Eira City Council, PO Box 42 Caulfield South 3162;
  • delivering your submission in person to Council’s Service Centre, corner Glen Eira and Hawthorn Roads, Caulfield; 
  • sending your submission by e-mail to llr@gleneira.vic.gov.au.

If you are making a submission about a particular Local Law, please ensure that this is clearly marked, for example - ‘Proposed Community Local Law Submission’ or ‘Proposed Council Meeting Procedure Submission’. 

Council will consider any written submission relating to the proposed Local Laws in accordance with section 223 of the Act. Any person who has made a written submission under section 223 of the Act to Council and has requested to be heard in support of their written submission is entitled to appear in person, or be represented by a person specified in the submission, at a meeting of Council to be held in the Council Chamber, Glen Eira Town Hall, corner Glen Eira and Hawthorn Roads, Caulfield on Tuesday 13 August 2019 commencing at 7.30 pm.

At the meeting on 13 August 2019, community members will have an opportunity to attend, share their views and participate in the discussion.

All submissions will be handled as authorised or required by law including under the Privacy and Data Protection Act 2014 (Vic). See our Privacy Statement for more information. 

What if you disagree with the changes?

It is important that Council hears what the local community thinks about the proposed changes to the current Local Law to ensure that the Local Laws are contemporary and reflects the changing environment.  The aim of Council is to ensure that Glen Eira remains a great place to live, work and visit. 

If you disagree with any of the proposed changes, you can submit your feedback: 

 •  In person: attend a drop-in  information session:
Date(s): 19 June 2019 / 26 June 2019 / 3 July 2019
Place: Glen Eira Town Hall, Meeting Room - Caulfield Cup Room
Time: 6pm–7:30pm

  • completing the survey here; or
  • emailing llr@gleneira.vic.gov.au; or
  • completing a feedback survey form (in the Document Library) and submitting it to the Customer Service Centre at Glen Eira Town Hall, corner of Glen Eira and Hawthorn Roads, Caulfield VIC 3162; or
  • submitting your comments by mail, addressed to the Chief Executive Officer, Glen Eira City Council, PO Box 42, Caulfield South VIC 3162.
  • What is the process for adopting the new Local Law?

    Council will consider any written submission relating to the proposed Community Local Law in accordance with section 223 of the Act.

    Any person who has made a written submission under section 223 of the Act to Council and had requested to be heard in support of their written submission is entitled to appear in person, or be represented by a person specified in the submission, at a meeting of Council to be held in the Council Chamber, Glen Eira Town Hall, corner Glen Eira and Hawthorn Roads, Caulfield on Tuesday 13 August 2019 commencing at 7.30pm.

    Council will consider the submissions and then decide whether or not to make or amend the proposed Local Laws at the ordinary council meeting on a date to be determined by Council.

    Once adopted Council gives notice in the Victorian Government Gazette and in local media of the adopted local law.

    Once adopted the current Local Law, including any amendments, will cease to be operational and the new Local Laws will take effect.



    How long will the proposed Local Laws remain in place?

    In accordance with the Local Government Act 1989 all local laws sunset no later than 10 years from adoption, unless revoked earlier. A Local Law can be amended at any time by Council. 

    Further assistance

    If you are unable to communicate via email please phone Council on 9524 3333 to make alternative arrangements. An interpreter service is available.

    If you have concerns that information that you are considering providing to Council may be defamatory, you should consider seeking independent legal advice.


    Proposed Community Local Law

    What is the proposed Community Local Law?

    Proposed Community Local Law

    The proposed Community Local Law is divided into the following 17 parts:

    Part one: Preliminary provision — contains definitions, incorporates documents in the Community Local Law and various other preliminary matters.

    Part two: Protection of Council assets — designed to protect Council Land and assets. It establishes a system of permits, as a means of regulating harm to Council land, roads and easements.

    Part three: Building activity — designed to protect Council land and assets. Specifically, it establishes a system of Asset Protection Permits, as a means of regulating building works, which may harm Council land or assets. It contains provisions which aim to minimise the impact of works on roads on the amenity of the municipality and its local community by ensuring that obstructions do not interfere with the public’s reasonable use of roads. It also contains provisions which aim to improve the amenity of the municipality, in particular, residential areas, by seeking to prevent nuisances caused by building works.

    Part four: Management of drains, waterways or similar — designed to protect Council assets and the environment.

    Part fivePublic reserves — aims to provide for the responsible management of public reserves so as to enhance the enjoyment of them by the local community.

    Part six: Roads and Council land — contains provisions which aim to protect the amenity of Council land and roads for the local community by regulating behaviour and by prohibiting persons from causing damage.

    Part seven: Safety and amenity — contains provisions that aim to regulate and prohibit activities in public places not elsewhere covered by the Community Local Law to improve the amenity of the municipality. Its provisions control a number of activities which, if left uncontrolled, have the potential to detract from the safety or amenity of the local community.

    Part eight: Street selling, advertising, collections and distributions — is concerned with commercial activities on Council land and roads. It establishes a permit system to regulate these commercial activities. It contains provisions which aim to enhance the appearance of streets and public places by controlling the placement of advertising signs on Council land and roads. It contains provisions which aim to manage and facilitate responsible trading and entertainment on roads to increase the attractiveness and comfort of these places, by controlling the soliciting of gifts and money, busking, selling and other behaviour.

    Part nine: Smoking and alcohol — aims to regulate the consumption of liquor in large groups on Council land or roads and within certain areas of the municipality on certain days of the year. It also makes it an offence for a person to smoke in Council buildings or Council motor vehicles.

    Part 10: Sanitation — is concerned with the collection and disposal of waste. Among other things, it regulates the collection and disposal of domestic waste, organic waste

    and recyclables.

    Part 11: Animals and birds — aims to provide for the responsible care and management of animals within the municipality including regulating the number and types of animals a person may keep without a permit and the conditions in which they are kept. More detailed provisions have been included that deal with the responsibility of dog owners to carry a litter device to clean-up dog waste.

    Part 12: Your property — contains provisions which aim to ensure that the appearance of properties in the municipality is consistent with an image of the municipality that is safe, attractive and well maintained by controlling properties that have been allowed to reach a dilapidated, unsightly or dangerous condition. It contains provisions to provide for clear signage of street numbers to assist in the management of the municipality and to assist emergency services.

    Part 13: Vehicle crossings — regulates the installation, maintenance and removal of vehicle crossings.

    Part 14: Parking — regulates the issue of parking permits issued by the Council in accordance with the Residential Parking Permit System Policy established pursuant to Schedule 11 to the Act.

    Part 15: Permits — provides the system of applying for, obtaining and retaining permits.

    Part 16: Infringement notices — provides a means for enforcing the Community Local Law by infringement notices.

    Part 17: Enforcement (other than by Infringement notices) — provides a means for enforcing the Community Local Law other than by infringement notices. In particular, powers to impound and serve notices to comply are given.

    Proposed Council Meeting Procedure

    What's is the proposed Council Meeting Procedure?

    The objectives of the proposed Council Meeting Procedure are to:

    1. provide for the peace, order and good government of the Municipal District; and

    2. provide for the administration of Council's powers and functions; and

    3. regulate proceedings at meetings of Council or a special committee and other meetings conducted by or on behalf of Council where Council has resolved that the provisions of this Meeting Procedure Local Law are to apply;

    4. regulate proceedings for the election of the Mayor and Deputy Mayor; and

    5. promote and encourage local community participation in the system of local government by providing mechanisms within the meeting arrangements for Council to ascertain the local community’s views and expectations; and

    6. regulate the use of the Common Seal; and

    7. prohibit unauthorised use of the Common Seal or any device resembling the Common Seal; and

    8. revoke the Glen Eira City Council Local Law 2009.


    The proposed Council Meeting Procedure is divided into the following Parts numbered 1 through to 5:

    Part 1 - Preliminary Provisions

    Part 2 - Common Seal

    Part 3 - Election of Mayor and Deputy Mayor

    Part 4 - Meeting Procedures

    Part 5 - Infringement Notices


    The purpose of the substantive provisions of the proposed Council Meeting Procedure is to:

    • regulate the use of Council's common seal;

    • regulate the election of the Mayor and Deputy Mayor; and

    • regulate the conduct of meetings of the Council and committees, including in relation to public participation.

      prohibit the following matters:

    • improper use of the common seal;

    • failing to follow a direction to leave a Council meeting; and

    • disorderly conduct by a Member at a Council meeting.


    Privacy

    How is my personal information managed?

    Glen Eira City Council (Council) is committed to protecting the personal information provided by you in accordance with the principles of the Privacy and Data Protection Act 2014 (Vic) (PDP Act).

    Personal information is collected by Council only for the purpose of Council’s functions set out in section 3E of the Local Government Act 1989 (Vic). Specifically, personal information is collected for the intended purpose only and for remaining in contact with you. In certain circumstances, we may disclose information about you where permitted or authorised under the PDP Act or other applicable law.

    Your contact details are not made public as part of the submission process.You may make your submission anonymously. Your submission will still be reviewed by Council. However, Council will be unable to contact you if it needs to verify details in your submission or confirm the day, time and place of the relevant Council meeting for submissions to be heard.

    Submitters should note that all submissions received (including any personal information contained therein) may be made public unless you request that it not be made public or Council considers it should not be made public. That will usually only occur for reasons associated with fairness. Submissions that are made public may include redactions made that Council considers appropriate.

    Submissions may be included within the official Council agenda and minutes which are permanent public documents which are available on Council’s website. The information in your submission may be published by Council during its meetings without revealing the identity of the person who supplied the information.

    If you would like to know more about privacy at Council, including your right to seek access to your personal information, contact Council’s privacy officer on 9524 3333. Council’s Privacy Policy is available here.

    All of Council records, including submissions, are subject to requests under the Freedom of Information Act 1982.