local law no. 7 asset protection local law - Nillumbik Shire Council

local law no. 7 asset protection local law - Nillumbik Shire Council local law no. 7 asset protection local law - Nillumbik Shire Council

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LOCAL LAW NO. 7ASSET PROTECTIONLOCAL LAWLocal Law Made by Council: 17 December 2003Notice in Government Gazette: 2 January 2004Shire CouncilCivic Drive, GreensboroughPO Box 476, GreensboroughDX 98820 GreensboroughTel: 9433 3111Fax: 9432 9559

LOCAL LAW NO. 7ASSET PROTECTIONLOCAL LAWLocal Law Made by <strong>Council</strong>: 17 December 2003Notice in Government Gazette: 2 January 2004<strong>Shire</strong> <strong>Council</strong>Civic Drive, GreensboroughPO Box 476, GreensboroughDX 98820 GreensboroughTel: 9433 3111Fax: 9432 9559


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7Table of ContentsPART 1 - INTRODUCTION 41. Title 42. Purpose Of Local Law 43. Authorising Provision 44. Commencement and Revocation 55. Area of Operation 56. Cessation Date 57. Administrative Policy Guidelines 58. Definitions 5PART 2 - ASSET PROTECTION 89. Asset Protection 8PART 3 - INSPECTION 1010. Inspection 10PART 4 - EQUIPMENT AND MATERIALS DELIVERY 1111. Equipment and Materials Delivery 11PART 5 - FENCING 1112. Site Fencing 1113. Site Identification Sign 11PART 6 - STORMWATER PROTECTION 1214. Stormwater Protection 12PART 7 - CONTROL OF BUILDERS' REFUSE 1315. Containment of Refuse 1316. Disposal of Builder's Refuse 1417. Removal of Builder's Refuse 14PART 8 - SANITARY FACILITIES - BUILDING SITES 1418. Sanitary Facilities 14PART 9 - ADMINISTRATION & ENFORCEMENT 1519. Offences 1520. Notice to Comply 1521. Power to Act in Urgent Circumstances 1622. Penalties 1623. Giving of Information 1724. Infringement Notices 17


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 725. How is Payment to be Made? 1726. When Must the Penalty be Paid? 1727. Person May Disregard the Notice 1728. Can <strong>Council</strong> Waive the Notice? 1729. Withdrawing the Notice 1730. Failure to Comply With Notice 18SCHEDULE NO. 1 19Notice to Comply 19SCHEDULE NO. 2 20Notice of Urgent Works 20SCHEDULE NO. 3 21Infringement Notice 21


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7Asset Protection Local LawPART 1 - INTRODUCTION1. TitleLocal Law No 7 Asset Protection Local Law.2. Purposes Of Local LawThe purposes of this Local Law are to2.1 provide for the peace, order and good Government of theMunicipal District;2.2 protect public <strong>asset</strong>s vested in <strong>Council</strong> from damage,accelerated deterioration or abuse during the buildingor other works process;2.3 providing a physical environment which aims tominimise hazards to health and safety of personsattending building sites and those adjacent, opposite orpassing building sites;2.4 prohibiting, regulating and controlling the presence anddisposal of refuse, rubbish and soil on and from buildingsites within the municipal district to reduce hazards tothe environment and promote an environment whereresidents can enjoy a quality of life that meets thegeneral expectation of the community;2.5 defining the standards to which persons engaged inbuilding or other works should adhere; and2.6 educating and inducing persons involved in building orother works to act responsibly to reduce the extent andcost of infrastructure damage for the benefit of thewider community.3. Authorising ProvisionThis Local Law is made under Part 5 of the Local GovernmentAct 1989.4


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 74. Commencement and Revocation4.1 This Local Law commences on 2 January 2004.4.2 On the commencement of this Local Law, Part 6 of theAmendment (Amenity Local Law No 5) Local Law andAdministrative Guidelines 28-32 are revoked.5. Area of OperationThis Local Law shall apply and have operation throughout thewhole of the Municipal district.6. Cessation DateUnless this Local Law is revoked sooner, its operation will ceaseon 17 December 2013.7. Administrative Policy GuidelinesPolicy, Administrative & Enforcement responsibility lies withthe Manager, Infrastructure Development.8. DefinitionsIn this Local Law –“appointed agent” means the person authorised in writing by an ownerof a building or land to make an application, appeal, referral orrepresentation on their behalf.“Asset Protection Permit” means a written permit issued by <strong>Council</strong>for the <strong>protection</strong> of public <strong>asset</strong>s and infrastructure during building orother work.“builder” meansa) if a building permit has been issued, the person who is <strong>no</strong>minated asthe builder on the relevant building permit, orb) if a building permit has <strong>no</strong>t been obtained, the owner.“builder’s refuse” includes any solid or liquid domestic or commercialwaste, debris or rubbish, and without limiting the generality of theabove, includes any glass, metal, plastic, paper, fabric, wood, food,vegetation, soil, sand, concrete, rocks and any other waste material,substance or thing generated by or in connection with building works.“building” includes any structure or building, whether temporary orpermanent, or any part of such building or structure.5


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7“building work” means work for or in connection with the construction,re<strong>no</strong>vation, alteration, demolition, relocation or removal of a buildingincluding landscaping (where machinery is involved with the worksand/or delivery of heavy landscaping materials, concreting andsubdivision road construction) in urban areas where a building permit isrequired. It also includes other works <strong>no</strong>t requiring building or planningapproval that <strong>Council</strong> considers to represent a threat to <strong>Council</strong>’s <strong>asset</strong>sthrough the delivery of materials to a site in both urban and rural areas.In particular and without limiting the above, building or other workwhich affects the <strong>asset</strong>s of utilities must be undertaken in accordancewith all applicable legislation and regulations and by appropriatelyauthorised people.“carriageway” means the portion of the road generally available fortraffic by registered motor vehicles (whether sealed, formed orunconstructed).“construction period” means the period in which building or otherwork is carried out.“construction zone” means an area set aside for the buildingconstruction, storage/stacking of building materials and constructionvehicles, and builder’s rubbish."<strong>Council</strong>" means the <strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>.“<strong>Council</strong> Officer” means any person appointed in writing by <strong>Council</strong> tobe an authorised or Delegated Officer for specified purposes or functionsin accordance with relevant legislation.“fee” means an amount as fixed by the <strong>Council</strong> for administration andinspection services. Fee is <strong>no</strong>t refundable.“land” means any land or building in separate ownership or separateoccupation.“mi<strong>no</strong>r building work” means building work valued at less than$5,000 and includes demolition and removal of buildings and structures(regardless of value).“municipal district” means the municipal district of <strong>Council</strong>.“owner” in relation to a building means the owner of land on which thebuilding will be or is situated.“penalty units” has the meaning attributed to them under section 110of the Sentencing Act 1991 i.e. each penalty unit has the value of $100.“refuse facility” means a suitable rubbish receptacle capable ofrestricting debris and other waste from leaving the building site.6


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7“road” includes a street, right of way, any land reserved or proclaimedas a street or road under the Crown Land (Reserves) Act 1978 or theLand Act 1958, a passage; a cul de sac; by-pass, a bridge or ford. Afootpath, bicycle path or nature strip, any culvert, kerbing or other landor works forming part of the road.“security bond” means a refundable payment or guarantee made to<strong>Council</strong> for the purposes of securing public <strong>asset</strong>s and infrastructure fromthe cost of damage during building or other works.“site fencing” means a fence around the construction zone, which shallbe;(a)(b)(c)at a height of <strong>no</strong>t less than 1500 millimetres;capable of preventing litter from being transported from abuilding site by wind; and<strong>no</strong>t more than one access opening (unless with the prior writtenconsent of <strong>Council</strong>) which:(i)has a width <strong>no</strong>t greater than 3000 millimetres;(ii) is fitted with a 1500 millimetres high gate or gates whichprevents or prevent litter from being transported from abuilding site when closed, and(iii) is located to correspond with the vehicle crossing referableto the building site.“site identification sign” means a sign erected at the entrance to thework site and includes:(a) the lot number, as described on the Certificate of Title relevantto the land;(b) the name of the owner;(c) the postal address of the owner; and(d) the 24-hour contact telephone numbers of the owner.“stormwater system” means stormwater system which provide for theconveyance of stormwater run off including kerb and channel, openchannels, underground pipe systems and natural waterways.“temporary vehicle crossing” is a constructed form of timber or other<strong>Council</strong> approved structure over a bed of sand, that extends from theboundary of a property over any ‘public <strong>asset</strong>s such as footpaths, naturestrips, kerbs and channels to the road (carriageway), and is designed tominimise damage to the <strong>asset</strong>s, caused by motor vehicles and materialsentering and leaving the property, during the currency of building work.7


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7“vehicle crossing” is a bridge or crossing constructed to <strong>Council</strong>specifications, over any footpath or channel next to a road (carriageway)to enable a person using the road to have access to land on the other sideof the footpath or channel, (the vehicle crossing is the responsibility ofthe owner, <strong>no</strong>t <strong>Council</strong>).9. Asset ProtectionPART 2 – ASSET PROTECTION9.1 After <strong>Council</strong> receives <strong>no</strong>tification of the appointment of a relevantbuilding surveyor; or9.1.1 After a building permit has been issued; or9.2 <strong>Council</strong> must:prior to the commencement of building or other works on asite within the municipality;9.2.1 determines the risk of damage to <strong>Council</strong> <strong>asset</strong>s;9.2.2 <strong>no</strong>tify the owner, as soon as reasonably practical of their<strong>asset</strong> <strong>protection</strong> obligations;9.2.3 the need to report to <strong>Council</strong> any pre-existing damage to<strong>Council</strong> <strong>asset</strong>s in the vicinity of the work site;9.2.4 the requirement to pay the <strong>no</strong>n-refundable prescribed fee;and9.2.5 in exceptional circumstances, pay a refundable bond.9.3 The report to <strong>Council</strong> must include:9.3.1 footpaths;9.3.2 kerb and channel;9.3.3 nature strips;9.3.4 vehicle crossing (owners responsibility);9.3.5 other <strong>asset</strong>s on or adjacent to the works site to whichthe works relate; or9.3.6 any <strong>Council</strong> <strong>asset</strong> likely to be affected by the works.8


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 79.4 The owner must:9.4.1 Complete the <strong>asset</strong> <strong>protection</strong> application form and report to<strong>Council</strong> any damage to:9.4.1.1 footpaths;9.4.1.2 kerb and channel;9.4.1.3 nature strips;9.4.1.4 vehicle crossing (owner’s responsibility);9.4.1.5 other <strong>asset</strong>s on or adjacent to the work site to whichthe works relate; or9.4.1.6 any <strong>Council</strong> <strong>asset</strong> likely to be affected by the works.9.5 Pay the prescribed <strong>no</strong>n-refundable fee and if determined by<strong>Council</strong>, a refundable bond.9.6 If <strong>Council</strong> deems its <strong>asset</strong>s are at risk, payment of a fee and/orbond, as set by <strong>Council</strong>, must be made at this time by the owner.9.7 If the owner does <strong>no</strong>t give <strong>no</strong>tice to <strong>Council</strong> in accordance with subclause 9.4, it is deemed, for the purposes of sub clause 9.4, thatthere was <strong>no</strong> existing damage to the:-9.7.1 footpath;9.7.2 kerb and channel;9.7.3 nature strip;9.7.4 vehicle crossing (owners responsibility);9.7.5 other <strong>asset</strong>s vested in <strong>Council</strong> which is on or adjacent to theland to which the building permit relates; or9.7.6 likely to be affected by the building or other work.9.8 The owner must <strong>no</strong>tify <strong>Council</strong> within a reasonable time (28 days)that the works related to the permit/bond are complete, and <strong>Council</strong>must, as soon as is reasonably practicable after receiving <strong>no</strong>tice,cause an inspection to be carried out of the:-9.8.1 footpath;9.8.2 kerb and channel;9.8.3 nature strip;9


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 79.8.4 vehicle crossing (owner’s responsibility);9.8.5 other <strong>asset</strong>s vested in <strong>Council</strong> which is on oradjacent to the land to which the building permitrelates; or9.8.6 likely to be affected by the building or other work.9.9 If, as a result of the inspection, <strong>Council</strong> considers that thebuilding or other work has caused damage to the:-9.9.1 footpath;9.9.2 kerb and channel;9.9.3 nature strip;9.9.4 vehicle crossing (owner’s responsibility); or9.9.5 other <strong>asset</strong>s vested in <strong>Council</strong>,it may give <strong>no</strong>tice to the owner requiring that person to repair orcause to be repaired to the satisfaction of <strong>Council</strong>, the footpath, kerband channel, nature strip, vehicle crossing (owner’s responsibility)or other <strong>asset</strong>s vested in <strong>Council</strong> within 28 days of the <strong>no</strong>tice beinggiven. If works are <strong>no</strong>t completed to <strong>Council</strong>’s satisfaction, <strong>Council</strong>will apply the bond to the remedial work and recover anyoutstanding costs from the owner.10. InspectionPART 3 – INSPECTIONS10.1 <strong>Council</strong> may determine if and when inspections of building orother work sites may be conducted. Inspections may beconducted at any reasonable time.10.2 If <strong>Council</strong> identifies any damage which appears to result from<strong>no</strong>n-compliance with this Local Law, <strong>Council</strong> officers may directthe owner to make the area safe immediately and reinstate thedamage within a specified time. <strong>Council</strong> officers will provide theowner with written confirmation either at the time of theinspection or within a reasonable timeframe.10


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7PART 4 – EQUIPMENT AND MATERIALS DELIVERY11. Equipment and Materials Delivery11.1 Equipment and materials for works on the subject site must bedelivered direct from the road, over the vehicle crossing to theallotment and <strong>no</strong>t across the nature strip and footpath. No storageof building materials and equipment should occur outside thebuilding site (i.e. <strong>no</strong>t on public <strong>asset</strong>s such as footpaths, naturestrips, kerbs and channels or the road carriageway) withoutapproval from <strong>Council</strong>’s authorised officer.11.2 Without written approval from the adjoining owners, equipmentand materials are prohibited from being delivered and stored onthe adjoining allotments to the subject site. Owner’s writtenapproval must be obtained and submitted to <strong>Council</strong> forverification.11.3 Vehicles and trailers are to enter the subject site from the roadover the vehicle crossing and <strong>no</strong>t across the nature strip andfootpath.12. Site FencingPART 5 – FENCING12.1 Prior to commencing works on-site, a site fence 1.5 metre minimumhigh chain wire mesh fence and 3.0 metre wide gates or similarmust be provided around the perimeter of the construction zone(unless prior written consent of <strong>Council</strong>); or a permanent fence thatwould conform to fences common to the area must be constructedon the dividing boundaries with a temporary chain wire mesh fenceand gates on the front boundary to conform to the above temporaryfence requirements.12.2 Site fencing is to be maintained in a serviceable condition andremain on-site for the duration of the project.13. Site Identification Sign13.1 Prior to commencing works on-site, a 600mm by 400mm sign witha white background and black writing is to be displayed in aprominent position clearly visible from the road with the followingdetails:13.1.1 the lot number, as described on the Certificate of Titlerelevant to the land;13.1.2 the name of the owner;11


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 713.1.3 the postal address of the owner; and13.1.4 the 24-hour contact telephone numbers of the owner.13.2 Signs are to be maintained in a serviceable condition and remai<strong>no</strong>n-site for the duration of the project.PART 6 – STORMWATER PROTECTION14. Stormwater Protection14.1 Where any building or other work is being carried out on any land,the owner must ensure that the site is developed and managed tominimise the risk of stormwater pollution, through thecontamination of run-off by chemical, fill, sediments, animalwastes. gross pollutants or any other material or substance inaccordance with currently accepted best practice. This includesadoption of measure to:-14.1.1 minimise the amount of mud, dirt, sand, soil or stonesdeposited on the abutting roads or washed into thestormwater system;14.1.2 prevent building cleanup, washdown or other wastes beingdischarged off site or allowed to enter the stormwatersystem;14.1.3 ensure that all vehicles delivering materials to the site areprevented from depositing mud, sand, soil or stones onto the<strong>Council</strong>’s road network;14.1.4 ensure that any waste which has spilled onto the road,nature strip or surrounding area is removed as soon aspracticable so that any residues are prevented from enteringthe stormwater system;14.1.5 ensure that any footpath adjacent to the land to which thepermit relates or likely to be affected by the building work iskept clear of mud and dirt at all times; and14.1.6 ensure that the site is managed and controlled inaccordance with any Site Stormwater Management Plan,the <strong>Nillumbik</strong> Planning Guidelines – StormwaterManagement or any other relevant guidelines that maycome into operation.12


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7PART 7 – CONTROL OF BUILDER’S REFUSE15. Containment of Refuse15.1 Where any building or other work (other than mi<strong>no</strong>r building work)is being carried out on any land, the owner must:-15.1.1 provide a facility for the purpose of disposal of builder’s refuse andprovided the facility contains all builder’s refuse on the land to thesatisfaction of <strong>Council</strong>, its size, design and construction will be atthe discretion of the owner;15.1.2 place the facility on the land and keep it in place (except for suchperiods as are necessary to empty the facility) for the duration ofthe building or other work;15.1.3 <strong>no</strong>t place the facility on any <strong>Council</strong> land, road or street without apermit;15.1.3.1 place the facility on the land and keep it in place(except for such periods as are necessary to emptythe facility) for the duration of the building or otherwork;15.1.3.2 <strong>no</strong>t place the facility on any <strong>Council</strong> land, road orstreet without a permit;15.1.3.3 empty the facility whenever full and if necessary, areplacement facility should be provided during theemptying process; and15.1.3.4 be responsible for the tidiness of an abutting road,nature strip and surrounding area.15.2 The requirement to provide a facility may be waived with the priorwritten consent of <strong>Council</strong>.13


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 716. Disposal of Builder’s Refuse16.1 During building work:-16.1.1 the owner must ensure that all builder’s refuse, whichrequires containment is placed in the facility referred toin clause 15.1.1; and16.1.2.1.1 the owner must ensure that builder’s refuse is <strong>no</strong>tdeposited in, or on any land other than in accordancewith clause 15; and16.1.2.1.2 the owner must ensure that builder’s refuse is <strong>no</strong>tdeposited in or over any part of the stormwater system;and16.1.2.1.3 the owner must ensure that all vehicles that areremoving mud, sand, soil, stones or other builder’srefuse do <strong>no</strong>t deposit any of these materials ontoadjoining roads, nature strips or the surrounding area.17. Removal of Builder’s Refuse17.1 On any land where building or other work is being, or has beencarried out, the owner must remove and <strong>law</strong>fully dispose of allrefuse including, without limiting the generality of the above, thebuilder’s refuse in the facility referred to in Clause 15, within 7days of completion of the building or other work or issue of aCertificate of Occupancy, whichever occurs last.17.2 The driver of any vehicle involved in placing or removing builder’srefuse facilities must access the building site by way of atemporary vehicle crossing, unless otherwise permitted by<strong>Council</strong> and in accordance with that permission.PART 8 – SANITARY FACILITIES BUILDING SITES18. Sanitary Facilities18.1 The owner must <strong>no</strong>t undertake or carry on any building or otherwork necessitating the employment of persons on a site unless asewered toilet or an approved portable toilet (closed) system isprovided on the allotment and serviced as required for the use ofthe persons on that site to the satisfaction of <strong>Council</strong>.18.2 Notwithstanding sub clause (18.1), where buildings are beingconstructed on up to three adjacent sites simultaneously by thesame owner, <strong>Council</strong> allows a shared, sewered toilet system orapproved portable toilet (closed) system, provided there is a14


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7sufficient number (2 systems per 3 dwellings within a 3 lot radius)and serviced as required.18.3 <strong>Council</strong> officers may enter into or upon any premises, yards at anyreasonable time for the purpose of inspecting any sewered toilet,portable toilet (closed) systems, urinals, pans, receptacles, vehicles,plant and any other things and places therein and thereon and forthe purpose of carrying out the provisions of this Part.PART 9 – ADMINISTRATION & ENFORCEMENT19. Offences19.1 Failure to comply with any provision of this Local Law constitutesan offence.20. Notice to Comply20.1 Where a <strong>Council</strong> officer is of the opinion that an owner has failed tocomply with any requirement under this Local Law, he or she mayserve a Notice to Comply in the form of Schedule 1 to this LocalLaw on the owner.20.2 A Notice to Comply, issued in accordance with this Clause, muststate the situation to be remedied, the date by which the situationmust be remedied and may include the time of day by which thesituation is to be remedied.20.3 The time and date specified in a Notice to Comply served underthis Clause by which the situation must be remedied must bereasonable in the circumstances. What will be reasonable will varydepending on matters to be remedied, but should take into account,if applicable:20.3.1 the amount of work involved;20.3.2 the degree of risk or potential risk;20.3.3 the degree of difficulty;20.3.4 the availability of necessary materials or other necessaryitems;20.3.5 climatic conditions; or20.3.6 any other relevant matter.20.4 An owner served with a Notice to Comply who fails to remedy asituation in accordance with a Notice to Comply within the timespecified therein is guilty of an offence under this Local Law.15


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 720.5 If any owner served with a Notice to Comply fails to carry out anywork stipulated in a Notice to Comply, <strong>Council</strong> may approve thecarrying out of the work by a<strong>no</strong>ther person; or carry out the workitself and recover the cost of performing the work from the owner.20.6 An owner may make representation to the <strong>Council</strong> about matterscontained in the Notice to Comply.21. Power to Act in Urgent Circumstances21.1 <strong>Council</strong> may, where an owner has failed to comply with anyrequirement of this Local Law, take action considered necessary toprevent any danger to persons, the environment or any nuisancearising, provided that:-21.1.1 <strong>Council</strong> considers the circumstances to be sufficientlyurgent and that the time necessary or potential difficulty inserving a Notice to Comply may place a person, animal,property or the environment at risk or in danger ofsubstantial detrimental effect;21.1.2 the Chief Executive Officer of the <strong>Council</strong> or his/her delegate<strong>no</strong>t being the <strong>Council</strong> officer administering this Clause,approves of the proposed action; and21.1.3 details of the circumstances and of the remedial actiontaken are as soon as practicable forwarded to the owner.21.2 Action taken by <strong>Council</strong> under this Clause shall <strong>no</strong>t extend beyondwhat is necessary to cause the immediate abatement orminimisation of the risk or danger involved.21.3 <strong>Council</strong> should issue a Notice of Urgent Works in the form ofSchedule 2 to the owner prior to the works being undertaken.22. Penalties22.1 Any person who contravenes or fails to comply with any provisio<strong>no</strong>f this Local Law or contravenes or fails to comply with a Notice toComply shall be guilty of an offence and shall be liable to a penaltyof 10 penalty units for a first offence and to a further 2 penaltyunits for each day after conviction during which the contraventioncontinues; and upon conviction for the second or subsequentoffence, shall be liable to 20 penalty units; and as an alternative toprosecution for the offences, may be served with an infringement<strong>no</strong>tice in the form of Schedule 3.16


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 723. Giving of Information23.1 Any person apparently in charge of any building or other work orany owner must give his or her name and address when requiredby a <strong>Council</strong> officer.24. Infringement Notices24.1 Where a <strong>Council</strong> officer has reason to believe that a person is guiltyof an offence or offences for which an Infringement Notice may beissued under this Local Law, the <strong>Council</strong> officer may serve on thatperson an Infringement Notice.24.2 The penalty fixed for any Infringement Notice under this LocalLaw is 2 penalty units.25. How is Payment to be Made?25.1 Any person issued with an Infringement Notice may pay thepenalty indicated to the cashier at the Municipal Offices.26. When Must the Penalty be Paid?26.1 To avoid prosecution, the penalty indicated should be paid within28 days from the date of the issue of the Infringement Notice.27. Person May Disregard the Notice27.1 Any person issued with an Infringement Notice is entitled todisregard the Infringement Notice and defend the prosecution incourt.28. Can <strong>Council</strong> Waive the Notice?28.1 Any person issued with an Infringement Notice may make awritten representation to <strong>Council</strong> or a member of <strong>Council</strong> staffwithin 28 days of the issue if the Infringement Notice.28.2 Through its authorised officer, <strong>Council</strong> may consider any writtenrepresentations and any other relevant information and mustconsider any such material brought to his or her attention within28 days of the issue of the Infringement Notice to which it relates.29. Withdrawing the Notice29.1 <strong>Council</strong> may at any time prior to payment, withdraw anInfringement Notice with a view to prosecuting for an offence.29.2 Where an Infringement Notice has been paid and subsequentlywithdrawn, the person upon whom it was served is entitled to a17


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7refund of any payment which that person has made on theInfringement Notice.30. Failure to Comply With Notice30.1 In the event of the failure of a person served with an InfringementNotice to pay the amount specified within 28 days of the issue ofthe Infringement Notice or such further time as <strong>Council</strong> maypermit, <strong>Council</strong> may pursue the matter by prosecuting for a<strong>no</strong>ffence or by taking any steps which may be available for enforcingpenalties by registration of Infringement Notices.18


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7LOCAL LAW NO 7 OF THE NILLUMBIK SHIRE COUNCILSCHEDULE NO. 1NOTICE TO COMPLYTo: (Name) …………………………………………..(Address) ………………………………………...The following constitutes a breach under Clause ….. of <strong>Council</strong>’s LocalLaw No 7, Asset Protection Local Law. To remedy the breach you mustcarry out the following work, by ………………………………………date (andtime if desired).Work to be undertaken………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………You should contact …………………………………..(contact officer) at theMunicipal Offices, between the hours of ……………………… for anyfurther information about this Notice.If you fail to comply with this Notice you will be guilty of an offence andliable for payment of the penalty of $…………. for the first/second* orsubsequent offence and <strong>Council</strong> will proceed to carry out the work and youwill be liable for the costs of carrying out that work.Date ………………………………..(insert date)(Name of <strong>Council</strong> officer) ………………………………………………..Telephone No ……………………………………………………………..(Signature of <strong>Council</strong> Officer) ………………………………………….*strike out whichever is <strong>no</strong>t applicable19


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7LOCAL LAW NO 7 OF THE NILLUMBIK SHIRE COUNCILSCHEDULE NO. 2NOTICE OF URGENT WORKSTo: (Name) …………………………………………..(Address) ………………………………………...The following constitutes a breach under Clause ….. of <strong>Council</strong>’s LocalLaw No 7, Asset Protection Local Law. To remedy the breach you mustcarry out the following work, by ………………………………………date (andtime if desired).Work to be undertaken………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………You should contact …………………………………..(contact officer) at theMunicipal Offices, between the hours of ……………………… for anyfurther information about this Notice.If you fail to comply with this Notice, <strong>Council</strong> will carry out repair workswhich are necessary to cause the immediate abatement or minimisation ofthe risk or danger and you will be charged for the cost of works.Date ………………………………..(insert date)(Name of Chief Executive Officer or his/her delegate)…………………………………………..Telephone No ……………………………………………………………..(Signature of Chief Executive Officer or his/her delegate)………………………………………….20


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7LOCAL LAW NO 7 OF THE NILLUMBIK SHIRE COUNCILSCHEDULE NO. 3INFRINGEMENT NOTICEDate of Notice …….……………………….. No. of Notice …………………TOSurname: ………………………………………...Other names: ……………………………………Address (if k<strong>no</strong>wn):……………………………………………………………………………………………………………………………………………………………………………………I (full name of <strong>Council</strong> officer) ………………………………………… havereason to believe that you have committed an offence against Local LawNo. 7 of the <strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong> as indicated below:Clause: …………………… Nature of Infringement ………………………Penalty ……………………Date: ………………………Time: ………………………Location of alleged infringement:……………………………………………………………………………………….……………………………………………………………………………………………If you pay the penalty indicated within 28 days from the date of thisNotice at the <strong>Nillumbik</strong> <strong>Shire</strong> Offices, Civic Drive, Greensborough thismatter will <strong>no</strong>t be brought before a Court.You may elect to disregard this Notice and defend the prosecution inCourt.21


<strong>Nillumbik</strong> <strong>Shire</strong> <strong>Council</strong>Local Law No. 7Resolution for making this Local Law was agreed to by the NILLUMBIKSHIRE <strong>Council</strong> on 17 December 2003, andTHE COMMON SEAL of the NIILLUMBIKSHIRE COUNCIL was affixed hereto onthe ..........................day of ........................2003on the authority of the <strong>Council</strong> and signed by:………......................……….............. <strong>Council</strong>lor………......................……….............. Chief Executive Officer22

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