Casey Community Local Law 2018 – Community Impact Statement
August 2017Page 1 of 77
Table of contents
PART A – General Comments
Introduction
Objectives
Overview of Proposed Community Local Law
PART B – Comments on proposed Local Law overall
Appendix 1 – Assessment of Local Law Provisions
Introduction
Clauses 10 to 15 - Animals
Clause 16 - Building
Clauses 17 to 20 - Property Amenity
Clauses 21 and 22 - Noise and Alarms
Clauses 23 and 24 - Obstructions
Clauses 25 and 26 - Bulk Rubbish Containers, Clothing Bins, Hard Rubbish Interference
Clauses 27 to 29 - Signs
Clauses 30 and 31 – Fire / Smoke / Incinerators / Chimneys
Clauses 32 to 35 - Vehicles
Clauses 36 to 39 - Behaviour in a Public Place for Financial Gain
Clauses 40 and 41 - Festivals and Alcohol
Clauses 42 to 44 - Council Land and Reserves
Clause 45 - Shopping Trolleys
Clauses 46 and 47 - Airborne Devices
Clauses 48 and 49 - Graffiti
Clauses 50 and 51 - Bunjil Place
Appendix 2 – Assessment of Compliance against Human Rights Charter
Human Rights Charter – Assessment of Compatibility
Appendix 3 – Assessment: Against Existing Local Law
PART A – General Comments
Introduction
Casey City Council (‘the Council’) has undertaken an extensive review of City of Casey Community Local Law No. 2/2010 (‘the current Local Law’).
The current Local Law sunsets in 2020 and there are sufficient amendments required to warrant a major review now.
It is intended that the current Local Law will be revoked at the time of the adoption of the new Casey Community Local Law2018 ‘(the proposed Local Law’).
The VictorianGovernment ‘Guidelines for Local Laws Manual’, lists best practice guidelines for the creation and enforcement of Local Laws. The key features of these best practice guidelines are summarized as follows:
»the key aim is to improve accessibility, accountability, compliance, consistency, currency, efficiency, enforceability, necessity and transparency;
»regulation should be viewed as a last resort, because it imposes a burden of compliance on the community and a burden of enforcement on the Council;
»the community should be involved from the commencement of the law-making process, not just at the final formal submissions stage under section 223 of the Local Government Act 1989;
»Local Laws should incorporate relevant council policies;
»Local Laws should not allow discretions on the part of those administering/enforcing them without clear guidelines;
»where Local Laws rely on other documents, such as Council policies or permit conditions, those documents should be as accessible to the public as the Local Law; and
»Council’s should produce a Local Law Community Impact Statement for all new or materially altered Local Laws.
In response to the recommendation that best practice requires wide consultation from the commencement of the process. The Council developed a Local Law Review Project Plan to develop a process for reviewing the Local Law using external expertise and subject to oversight by the ManagerSafer Communities and Team Leader Local Laws.
Service feedback was considered in the early phases of drafting, and the views of a representative community panel were canvassed prior to submission of the proposed Local Law to the Council. Extensive consultation has been undertaken across the organisation with relevant staff at all levels. Councillors were briefed and opportunities were given to all Councillors to provide input to the review.
The Police were also consulted, with reference to issues relating to public safety, consumption of alcohol and recreational vehicles. The Country Fire Authority was consulted regarding matters relating to fire hazards and issue of relevant permits.
After completion of this process, the proposed Local Law has been drafted.
A template assessment tool has been completed for each proposed new Local Law clause. Any modification, amendments and deletions to any of the existing Local Law clauses have been detailed in Appendix 1. This document explains those ‘new‘ provisions that are not contained in the existing Local Law.
The existing Local Law have been subject of extensive re-writing in the drafting of the Casey Community Local Law 2018 for the purposes of clarity and to assist enforcement where required. For the sake of simplicity, material alterations to intent have been set out as ‘new’ clauses for the assessment in Appendix 1. Otherwise it can be assumed that the intent or impact of previous Local Law provisions are substantially similar.
To further assist review of the proposed Local Law, a Human Rights Charter - Assessment of Compatibility is attached as Appendix 2. Appendix 3 contains a comparison against the clauses of the current Local Law 2/2010.
Objectives
The purpose of theproposed Local Law is to:
a)provide for the peace, order and good government of the municipal district;
b)promote a physical and social environment free from hazards to health, in which the residents of the municipal district can enjoy a quality of life that meets the general expectations of the community; and
c)prevent and suppress nuisances which may adversely affect the enjoyment of life within the municipal district or the health, safety and welfare of persons within the municipal district,
and to achieve these objectives by:
d)regulating and controlling activities of people within the municipal district which may be dangerous, unsafe or detrimental to the quality of life of other people in, or the environment of, the municipal district; and
e)providing standards and conditions for specified activities to protect the safety and the welfare of people within, and the environment of, the municipal district.
Overview of Proposed Community Local Law
The proposed Local Law intended to make amendments to the current Local Law which are considered prudent to better achieve the Local Law objectives.[1]
If made, the Proposed Local Law will
»amend clauses relating to
- definitions
- animal litter
- animal numbers
- animals in a public place
- animal keeping
- building workson privateland
- noxiousweeds
- temporary dwellings on private property
- temporary dwellings on public place, reserve or road
- noise and alarms
- signage
- fire
- dischargefromchimneys
- vehicles in a public place
- vehicleson privateproperty
- commercial activity
- streetparties,festivalsand processions
- municipal reserves
- alcohol
- smoking on Council Land
- shopping trolleys
- Notices to Comply/Directions
- infringement notices
»revoke clauses relating to
- noise
- abandoned or derelict vehicles
- load limits on roads
»create clauses and / or offences relating to:
- right of entry
- nuisances and noise
- noise and nuisance from audible alarms
- use of drones on private land
- Bunjil Place
- Review of Decisions
- Correction of Permits
- Savings Clause
- provide for the administration and enforcement of the Local Law and empower Council and Authorised Officers to issue permits, Notices to Comply, act in urgent circumstances and impound things; and
»provide for infringement notices to be served on those whom an Authorised Officer has reason to believe is guilty of an offence.
PART B – Comments on proposed Local Law overall
Measures of success of proposed Local Law / The primary objectives of Local Laws are to protect the amenity of the municipality and the health and safety of the community. These objectives are not simply about compliance but about creating an environment that is equitable and fair where residents, business and visitors alike can participate in the community with mutual respect and enjoyment.Whilst enforcement of Local Laws is important, measures of success must have regard to impact of Local Law related actions, whether that is information or enforcement, against those objectives.
Measuring the success of a Local Law can be difficult, however there are some measures that can be made but they should not be made in isolation. Some of the measures to be used are:
»The number and subject of infringement notices and Notices to Comply issued;
»The number, subject and outcome of appeals received;
»The number, subject and outcome of prosecutions undertaken;
»The number, subject and outcome of public complaints relating to Local Laws received;
»The Community Satisfaction Survey rating for Local Laws related issues;
»The qualitative assessment by Council officers or in community consultations regarding community compliance.
Council will need to annually collate and compare previous year’s results of the above statistics. The assessment and reporting by Council officers on current trends, anomalies and emerging problems will also be used to measure the success of the Local Law.
Existing legislation that might be used instead / There are many pieces of existing legislation that deal with some issues covered by the proposed Local Law, such as:
»Building Act 1993,
»Country Fire Authority Act 1958,
»Domestic Animals Act 1994,
»Environment Protection Act 1970,
»Graffiti Prevention Act 2007,
»Occupational Health and Safety Act 2004
»Planning and Environment Act 1987,
»Public Health and Wellbeing Act 2008,
»Road Management Act 2004,
»Tobacco Act 1987,
»Water Act 1989.
The objectives of the Country Fire Authority Act 1958 are supported by the controls proposed in the Local Law in relation to incinerators and burning off.
The Domestic Animals Act1994 does not provide the ability to limit the number of pets kept on a property.
The objectives of the Environment ProtectionAct 1970 are supported by the controls proposed in the Local Law in relation a range of activities with adverse environmental impacts.
The Graffiti PreventionAct 2007 does not address the act of Graffiti or the ability to manage possession of aerosol paint containers.
The objectives of the Occupational Health and SafetyAct 2004 are supported by the controls proposed in the Local Law in relation issues of community safety.
The objectives of the Planning and EnvironmentAct 1987 are supported by the controls proposed in the Local Law in relation issues of community amenity and liveability.
The Public Health and Wellbeing Act 1970 does not provide the ability to intervene promptly to support immediate abatement of situations, such as nuisance issues, where there may be risks to public health.
The Road Management Act 2004 does not adequately cover Occupation of Roads by heavy vehicles or for extended periods of time.
The Tobacco Act 1987 does not adequately cover the smoking bans around Council facilities, and in particular around Bunjil Place.
The objectives of the WaterAct 1989are supported by the controls proposed in the Local Law in relation to the protection and enhancement of the environmental qualities of waterways.
Accordingly, the proposed Local Law, like the Local Law it replaces, contains a number of provisions which complement existing legislation and provide a more appropriate local response, whilst not overlapping, duplicating or conflicting with existing State Legislation.
State legislation more appropriate / The proposed Local Law does not contain any clauses where it considered that state legislation alone would provide a more appropriate response to the issues concerned. To the extent that there may be overlap, it is considered that the Local Law provides a more timely and flexible response appropriate to the issues concerned.
Overlap of existing legislation / Appendix 1 contains the template assessment for all the proposed new Local Law clauses. The template enables identification of existing legislation for each proposed new Local Law clause. Where required this section clarifies why there is no overlap, duplication or inconsistency with that legislation.
Overlap of planning scheme / The Local Law is subordinate to the provisions of the Planning and Environment Act 1987. To the extent that there is any or inconsistency the provisions of the Planning Scheme will prevail.
Risk assessment / Appendix 1 also contains risk assessments that have been completed for all new Local Law clauses.
Legislative approach adopted / The Council’s existing Local Law is generally considered to be low to medium impact and consistent with neighbouring and like Councils.
Within this model the controls may be:
»low impact – ‘light touch’ controls that generally carry no barriers to activity, save that they encourage the type of conduct one might normally expect to ensure safety and amenity;
»medium impact – these include permit controls that may present a barrier or impediment to activity, or Local Law requirements that might require an entity to set in place processes to ensure compliance; or
»high impact – where significant barriers to entry exist, or the controls in place carry an inspection and compliance regime that is materially onerous and time consuming.
The approach taken by Casey City Council is not out of step with other Councils and is in line with best practice.
The overall approach for the proposed Local Law is to be consistent with the existing Local Law. The decision regarding which regulatory approach to take varies according to the extent of risk, the perceived extent of non-compliance and the enforcement resources available.
The proposed Local Law aims to ensure that the safety of the community and the potential for damage to Council assets is highlighted.
Restriction of competition / The review has been conducted in accordance with National Competition Principles. No clauses were identified as restricting competition in a manner that would be contrary to those principles.
Penalties / The penalties applying to all existing Local Law clauses were considered and reviewed. The monetary value for each penalty unit is controlled by State Legislation (the Local Government Act 1989, the Sentencing Act 1991 and the Monetary Units Act 2004) and is currently set at $100 per penalty unit for laws made pursuant to the Local Government Act 1989.
According to the Attorney-General’s Guidelines to the Infringements Act 2006, “An infringement penalty should generally be approximately no more than 20-25% of the maximum penalty for the offence”.
The level of penalties in the Local Law generally reflect: -
»relative risks to community health, safety and amenity;
»potential cost to the community of a breach (say due to potential damage to Council assets and infrastructure); and
»the deterrent in each case.
Permits / To satisfy the transparency and accountability principles of best practice Local Law making, permit applications and consideration of permits are detailed in Part 4 – Procedures, of the proposed Local Law.
Fees / Permit Fees and related charges are a budgetary matter decided independently by Council as part of the annual Budget process. It is not within the scope of the Local Law review to determine the level of fees and charges. Nevertheless, benchmarking of other Councils fees and charges takes place in the lead up to the annual Budget process.
Comparison with neighbouring and like Councils / Benchmarking of new clauses was also undertaken against similar Local Laws at a range of Councils including Hume, Kingston, Monash and Wyndham, Councils as contained in Appendix1.
Charter of Human Rights / The Human Rights Charter - Assessment of Compatibility is attached as Appendix 2. Further, more specificinformation regarding new provisions has also been contained in Appendix 1.
Consultation meetings / The Council’s Community Panel considered the proposed Local Law.
The opportunity for public commentis required to be advertised under s223 of the Local Government Act.
Ameeting of a Special Committee of Council will be held to consider submissions under s223. Submitter(s) will be given an opportunity to speak to the submission.
Opportunity also was provided for staff input to the Local Law. Staff comment was extensive and is reflected in the proposed Local Law to be submitted to the Council for adoption.
Submissions / Public Notice of the proposed Local Law will be given as required by Sections 119 and 223 of the Act.
Details of submissionswill be contained in the report to the Ordinary meeting of the Council recommending the making of the Community Local Law 2018.
Appendix 1 – Assessment of Local Law Provisions
Introduction
This document seeks to better describe new Local Law provisions, by adopting a template approach, using the following framework in each case: -
- Identify the Problem
- Proposed Local Law wording
- Relating the Problem to Council policy objectives: Identifying if it is a Council problem
- Identifying existing legislation that might be used instead of a Local Law
- Measuring success
- Identifying existing legislative provisions that may be overlapped by a Local Law
- A risk management approach to Local Laws
- Considering and deciding on different Local Law approaches
- The least burden / greatest advantage test for Local Laws
- Considering and deciding on penalties
- Considering and deciding on purpose and conditions of permits
- Review with consideration to Neighbouring Councils and like Councils
- Possible restriction of competition by Local Laws
There are four other considerations within this framework where it is considered a common response is applicable as follows: -
- Identifying (and staying within) the power to make a Local Law
The Local Government Act 1989, Section 111(1): A Council may make Local Laws for or with respect to any act, matter or thing in respect of which the Council has a function or power under this or any other Act.
- Considering possible alternatives to Local Law
In conjunction with the Local Law, Council would promote resident’s responsibilities through information and education campaigns. It is considered that self-regulation alone is not achievable given the very diverse range of activities and demands in these matters.
- Considering if a State Act is more appropriate than a Local Law
In each case it is considered that this section is either not applicable, or that the public interest is best served by the making of a Local Law.
- Identifying Planning Scheme requirements with which a Local Law may be inconsistent
The Local Law may be inconsistent to the extent that a planning permit for a particular use may contradict the Local Law. In such a case amenity issues would be expected to be addressed and the Planning Permit would prevail.
Clauses 10 to 15 - Animals
Criterion / CommentIdentify the Problem / Issues relate to:
- dog litter not picked up.
- nuisance caused by excessive numbers of animals and birds on private property.
- feeding of animals and birds in public places causing nuisance, damage to assets and harm to the animals and birds.
- animals and birds housed inappropriately.
- nuisance, usually of noise or smell.
- a range of issues, including the feral cat population, associated with cats not being de-sexed.