The objective of Local Law No. 2 is to provide a safe and healthy environment for residents of Hepburn Shire. This Local Law addresses activities affecting the amenity of the Shire, including footpaths, Council buildings, reserves, keeping animals, nature strips, and more.

The review of the Local Law No. 2 has generated lots of interest and a diversity of views from the community. The draft is a document that was developed after community consultation that started early this year. After hearing some of the concerns raised by the community, and due to the requirement to give notice in the Government Gazette, we have extended the period for community feedback.

Drop-in Sessions

Further drop-in sessions have been organised:

  • Glenlyon Town Hall (Tuesday, 26 November) at the Community Listening Post – 4.30pm – 6pm
  • Daylesford Town Hall (Tuesday, 3 December) – 4.30pm – 6.30pm)
  • Creswick Town Hall (Thursday 5 December) – 4.30pm – 6.30pm)

Please drop-in to speak with a member of our Community Safety Team.

Submissions

In accordance with section 223 of the Local Government Act 1989 (the Act), any person may make a written submission on the Proposed Local Law.

Any person who has made a written submission may request in their submission to be heard and is entitled to appear in person, or to be represented by a person specified in the submission, at a Special Meeting of Council to be held in the Daylesford Senior Citizens Rooms, rear of 76 Vincent Street, Daylesford on Monday, 16 December 2019, commencing at 6pm.

Prior written submissions received by Council as part of the section 223 process remain valid and will be carried forward for consideration in addition to any new submissions received during the extended submission period.

All submissions will be handled as authorised or required by law including under the Privacy and Data Protection Act 2014. Submitters should note that all submissions received (including any personal information contained therein) are included within the official Council Agenda and Minutes which are permanent public documents, which are available on Council’s website. If you do not wish to be identified in Agendas and Minutes, please indicate this in your submission.

Submissions clearly marked ‘Local Law Submission’ should be addressed to:

Chief Executive Officer, PO Box 21, Daylesford 3460 or by email to shire@hepburn.vic.gov.au and be received before 5pm on Friday, 13 December 2019.

Please also note that the Special Meeting scheduled for Tuesday 12 November 2019 to hear submissions will be rescheduled to Monday, 16 December 2019, commencing at 6pm, at the Daylesford Senior Citizens Rooms (rear of Town Hall).

You can also make a submission using the online form below by 5pm on Friday, 13 December 2019


Background

Council is reviewing its General Local Law No. 2 – Community Amenity and Municipal Places to ensure it is relevant to and reflects the expectations of the community.

Earlier in the year, Council sought feedback from the key stakeholders, including the community, businesses, Councillors and staff to identify the issues of concern. Key issues raised in this review highlighted the need for a Local Law that provided clear rules for the Hepburn Shire residents, businesses and visitors.

The feedback we received earlier this year covered a wide range of items with key topics, including dog and cat control. Whilst these items are not included in the draft Local Law, we want to ensure you that they have not been forgotten. Recommended changes to dog and cat control will be presented soon to the community for comment. The diagram below is a summary of the overall Local Law review project. Council will continue to work towards completing this project in order to ensure it is relevant to and reflects the expectations of the community.

 

Council still has a lot of work to do in order to complete the Local Law review project and a further explanation about the project and the items in the above diagram can be found here.

The community has also expressed to Council the need to consider laws regulating short term accommodation and holidays such as those found on Airbnb. The Hepburn Shire is a top tourism location for many and Council believes it is important to consider the amenity impact short term accommodation has on Hepburn Shire residents. The proposal will be considered by Council in addition to the items noted above and as a separate item to this Draft Local Law.

The key proposed changes made to the Local Law are as follows:

ItemProposed Changes
Public Place DefinitionNew definition has the same meaning as the Summary Offences Act. This definition relates to all public land, not just Council land and increases Council’s authority to ensure consistency across the Shire
Drains and Storm Water DischargeA NEW clause that regulates and protects Council drains
Firewood, flowers and fruit collectionA NEW clause regulating the collection of firewood, fruit, flowers etc from road reserves and Council land. This clause has been included to provide for a safer community and to protect the environment. Without the law, the community would be at risk of injury through an unregulated activity being undertaken on our roads.
Planting Vegetation on RoadsA NEW clause regulating and protecting Council’s road reserves. Guidelines will be developed after the Local Law is adopted to ensure the right plants are being planted on Council land instead of trees that will grow higher than the powerlines or bushes that block a footpath.
Animal NumbersThe permitted number of animals allowed to be kept at your property has changed. Cows, pigs and horses can no longer be kept on smaller properties.

In the feedback received from the community, we heard loud and clear that the people are concerned about the numbers of cats and the impact they cause on the community. Council agrees and the number of cats allowed to be kept has been reduced to 2 across the Shire.

Open Air FiresClearer burning off laws have been created to reduce the impact of nuisance smoke and to protect the community from fire
Camping and Caravan OccupationUpdated law to regulate the time allowed to be camping on private property. This change will improve the community amenity.
Dangerous and Unsightly LandAn updated clause that provides a clearer definition of unsightly land to ensure the amenity of the Shire is maintained
Other AmendmentsMinor amendments have been made to a number of clauses in the old Local Law to ensure the new Local Law is consistent with current legislation

These changes have been made to ensure the Hepburn Shire creates laws that are relevant to and reflect the interests of the community. Many clauses remain the same or have received minor amendments to provide a consistent Local Law. In being transparent with the major changes in the proposed local law, a comparison of the items listed above in the current Local Law and the proposed Draft Local Law can be found here and a comparison of the Animal Numbers changes to the local law can be found here.

We encourage the community to review the draft and make a submission. Having your say can help ensure the Hepburn Shire is a great place to live, work and visit.

A copy of the current Local law and the Draft Local law can be found here.

Documents available for inspection

The Proposed Local Law and Community Impact Statement is available at Council’s offices 8:30am – 5pm in:

  • Daylesford Corner Duke & Albert Streets
  • Creswick 68 Albert Street
  • Clunes The Warehouse, 36 Fraser Street

at all Hepburn Library branches and downloaded (above).


Draft Local Law Submission

Draft Local Law Submission Form
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